MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed by Mohan Singh and others against the order passed by Additional Sessions Judge, Ludhiana, on 10th January, 1992, whereby the revision petition against the order, dated 11th August, 1989, passed by Judicial Magistrate, First Class, Ludhiana was accepted and the case was remanded to the Chief Judicial Magistrate, Ludhiana, for further inquiry.

(2.) THE brief facts giving rising to this revision petition are that a case was got registered by one Ashwani Kumar against one Narinder Saini and the present petitioners at Police Station, Focal Point, Ludhiana, on the allegation that he had approached Narinder Saini for the purchase of a Maruti car and Narinder Saini demanded Rs. 93,000/- as price of the car as against fixed price of Rs. 84,155/-. He reported the matter to the Police and on 18th November, 1988, a raid was conducted when he passed a sum of Rs. 93,000/- to Narinder Saini as the price of the car which was actually booked for M/s O.K. Hosiery Mills, Ludhiana and an invoice was prepared in the name of that Mill but signatures of Ashwani Kumar were obtained on the same as a customer. The car was booked by Rajiv Nayyar, Director M/s O.K. Hosiery Mills, who had deposited Rs. 10,000/- for booking on 14th October, 1986. The allotment letter was also received by M/s O.K. Hosiery Mills. They were required to take delivery of the car either in the first week of August or in the last week of September. They appointed Ranjit Kumar as Special Attorney to take delivery of the car but the car was not delivered to him and it was delivered to Ashwani Kumar, by charging more money. Ashwani Kumar handed over money to Narinder Saini and he entrusted three wads for counting to Jagir Singh, Sales Manager and some money to Mohan Singh, Salesman. On the instructions of Narinder Saini, his clerk prepared the bill. In the meantime, on a signal Sub Inspector Sant Kumar and Inspector Harvel Singh Bajwa entered the premises and recovered 9 wads of currency notes and Rs. 3,000/- in loose form, from Narinder Saini and others. Ashwani Kumar handed over the bill regarding purchase of the car to the Police. Statement of Ashwani Kumar was recorded at about 7 P.M. on the same day on the basis of which case F.I.R. No. 151 dated 19th November, 1988 under Sections 406, 420, 465 and 120-B, Indian Penal Code was registered. The case was investigated by different police officers who recorded the statements of various buyers and other persons who had booked the Maruti cars with M/s Saini Brothers, Ludhiana. After completion of the investigation, Narinder Saini, his wife Meenakshi Saini, his son Rajiv Saini and his employees Mohan Singh and Jagir Singh were challaned.

(3.) I have heard the learned counsel for the parties and have perused the records.