SHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 4/8/2018 passed by the Additional Sessions Judge, Patiala whereby charges have been framed against the petitioner and others under Ss. 420, 306, 34 and 120-B IPC.

(2.) The brief facts of the case are that a criminal complaint bearing No.1969/2013 came to be instituted at the instance of the petitioner-Sharanjit Singh against the deceased-Rajnish Kumar with respect to the dishonour of a cheque bearing No. 871744 dtd. 1/10/2013 for an amount of Rs.90,000.00. The deceased came to be convicted by the Court of the Judicial Magistrate Ist Class, Patiala, vide judgment of conviction and order of sentence dtd. 7/7/2015 (Annexure P-1). The finding of the Court was that the cheque was dtd. 1/10/2013 and was supposed to have been lost on 18/12/2013 whereas the complaint had been filed on 20/11/2013. No evidence had been produced by the accused to substantiate his defence that the cheque had been lost and a DDR had been registered in this regard and that 'stop payment' instructions had been given to the bank. Further, contrary stands had been taken of the cheques having been issued as security viz-a-viz they having been stolen. In the said proceedings, the statement of the deceased (accused therein Rajnish Kumar) was recorded under Sec. 313 Cr.P.C. and is as under:-

(3.) One Jaskirat Singh, brother of the petitioner filed a criminal complaint bearing No.1991 dtd. 21/11/2013 against the deceased-Rajnish Kumar with respect to the dishonour of a cheque bearing No.238130 dtd. 3/10/2013 for an amount of Rs.1,70,000.00. The deceased came to be convicted by the Court of the Judicial Magistrate Ist Class, Patiala vide a judgment of conviction and order of sentence dtd. 6/10/2015. In the said proceedings, the statement of the deceased (accused therein Rajnish Kumar) was recorded under Sec. 313 Cr.P.C. and is as under:-