AJIT SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) This petition was filed by Ajit Singh for quashing on the allegations that the charges had been framed against him and others vide order dated 11.4.2002 passed by the Chief Judicial Magistrate, Muktsar. The petitioner had filed a civil suit and that suit was decided in his favour to the effect that he did not execute any mortgage deed. In the civil suit filed by him, it had been held that he did not take any loan nor had executed the mortgage deed, which was forged and fabricated document. The suit was decreed by the Civil Court on 26.11.1998 and therefore, the proceedings against him cannot continue.

(2.) It appears that a case F.I.R. No. 33 dated 22.3.1997 under Ss. 419/420/465/468/471/120 -B IPC at P.S. City Muktsar had been registered. Vide order dated 11.4.2002 the C.J.M., Muktsar had directed the charges to be framed and then the following charges had been framed:

(3.) From the perusal of the judgment of the Civil Court in the suit filed by Ajit Singh against Muktsar Primary Cooperative Agricultural Development Bank, Muktsar, it would come out that Ajit Singh had filed a suit for declaration that he had never taken any loan against property and that mortgage deed dated 9.8.1994 was a forged and fabricated document and he was not bound by the same and a suit for permanent injunction restraining the defendant from effecting any recovery on the basis of forged documents. He had pleaded that he never applied with the defendant bank for taking loan nor he had put his thumb impressions on any document. It was stated that if the defendant had any photograph or other form of the plaintiff then the same was forged and fabricated document and that he had never given any document attested by Lambardar, Sarpanch, Panch etc. for taking the loan. Some other person in connivance with the defendant might have produced forged and fabricated document. In that case, issue No. 1 and 5 had been framed as under: