K.J. WADHAN AND OTHERS Vs. DILAR SINGH

JUDGEMENT

(1.) THE Petitioners, who are the Branch Managers and Assistant Manager, have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing of the order dated 4.2.2003 passed by the District Judge, Kurukshetra whereby the order dated 3.5.2002 passed by the Civil Judge (Jr. Division), Kurukshetra dismissing the application of the Respondent filed under Section 340 of the Code for initiation of prosecution against the Petitioners, has been set aside.

(2.) THE brief facts of this case, which are necessary for the adjudication of this petition, are that a suit for recovery of Rs. 70,060/ - was filed by the State Bank of Patiala, Kurukshetra against Dilar Singh (Respondent herein) and others, (heirs of Avtar Singh, and guarantors of the loan taken by Avtar Singh). The said suit was instituted on 7.9.1996, was signed by Petitioner No. 1 as the Branch Manager. The suit arose out of an outstanding debt towards Avtar Singh, who had taken an agricultural loan from the bank. The suit was filed against the legal heirs as the loanee Avtar Singh had died on 11.10.1992. Amongst the documents relied upon to prove the suit for recovery being within limitation, a revival letter dated 9.10.1992 (Ex. P -11) executed by Avtar Singh, acknowledging the outstanding amount and an undertaking dated 1.8.1995 (Ex. P -12) to pay the same and thereby confirming the balance amount due, executed by the heirs of Avtar Singh, were placed on the record of the civil suit.

(3.) DURING the pendency of the civil suit, the Respondent (who was one of the Defendant in the above suit), moved an application dated 20.12.2001 for initiation of proceedings against the Petitioners under Section 340 Code of Criminal Procedure for having allegedly committed offences under Sections 193, 209, 210, 419, 420, 465, 467, 468, 471 and 120 -B IPC in respect of the document Ex. P -11. In the application, it has been alleged that the letter dated 9.10.1992 alleged to have been thumb impressed by Avtar Singh is a forged and fictitious document and the same was relied upon by the bank to prove the suit of time barred debt within limitation.