PARAMJIT KAUR Vs. TARLOK SINGH

JUDGEMENT

(1.) THE present petition under section 482 of the Code of Criminal Procedure (in short, 'IPC') has been filed seeking quashing of complaint bearing No. 299/1 dated 14.11.2007 (Annexure P1), summoning order dated 09.09.2011 (Annexure P9) and proceedings emanating therefrom being abuse of process of law.

(2.) COUNSEL for the petitioners submits that rent petition No. 398 dated 21.07.1998 was filed by petitioner No. 1 against the complainant (respondent herein) seeking his ejectment from portion of shed measuring 60' - 6" x 30' approximately and one store measuring 17' - 3" x 13' - 6" of plot No. 17, 18 and 19, situated at Sainik Colony, Hira Nagar, Ludhiana on the premise that he was inducted as a tenant on 01.10.1996 @ Rs.10,000/ - per month. The complainant, on receipt of notice, appeared in the proceedings through counsel and filed vakaltnama and the case was fixed for filing of written statement but he absented from the proceedings and ultimately ex - parte ejectment order dated 30.11.1998 (Annexure P2) was passed against him. Petitioner No. 1 filed civil suit No. 13 dated 30.01.1999 for recovery of Rs.2,46,000/ - towards arrears of rent. In the said suit, the complainant put in appearance, but later absented from the proceedings and as a result, ex -parte judgment and decree dated 22.10.1999 (Annexure P3) was passed against him. Petitioner No. 1 filed application No. 12 dated 10.11.1999 for execution of judgment and decree dated 22.10.1999. In the execution application, machinery of the complainant was attached and auctioned on

(3.) COUNSEL has further argued that on the basis of ejectment order, passed in favour of petitioner No. l, possession of the rented premises was delivered in favour of petitioner No. 1 in the year 1999. Failing in his efforts to thwart the proceedings in regard to execution of decree for recovery of outstanding arrears of rental passed as back as in the year 1999, the complainant in a deceitful manner filed the criminal complaint in November 2007 on the allegations that rent note dated 01.08.1997, showing the complainant to be a tenant of accused No. 1 (petitioner No. 1 herein) of the tenancy premises @ Rs.10,000/ - per month has been forged on a blank signed stamp paper, which was taken by Shri Joginder Singh (since deceased) father of Kulwinder Singh and father -in -law of Paramjit Kaur alias Manjit Kaur (petitioner Nos. 2 and 1 respectively) when the complainant obtained some loan from said Joginder Singh in the year 1997.