BIR NARINDER SINGH Vs. HARPAL SINGH

JUDGEMENT

(1.) PETITIONER Bir Narinder Singh, who retired as a Manager, UCO Bank, in October, 1993, has filed this petition under Section 482 Cr.P.C. for quashing the order dated 25.11.2000 passed by the JMIC, Fatehgarh Sahib vide which charge under Section 471 IPC has been framed against the petitioner, and the order dated 10.4.2004 passed by the Additional Sessions Judge Fathgarh Sahib vide which his revision against the aforesaid order has been dismissed and for discharging him in the complaint filed by respondent- Harpal Singh.

(2.) THE brief facts of the case are that a partnership firm known and styled as Preet Cold Storage and Ice Factory, Khamano Mandi, Tehsil Samrala, District Ludhiana (hereinafter referred to as 'the bank') in the year 1983. The respondent-Harpal Singh is the Managing Partner of the firm. While granting the loan, the bank obtained securities from the said firm against the building, land, machinery etc. The assets of the firm were got insured with the insurance company for the period 3.3.1983 to 3.3.1984. The bank debited the premium of the insurance amount to the account of the firm. The insurance of the firm was not got renewed after 3.3.1984 and unfortunately the cold storage smashed by impact on 15.3.1984 and the firm suffered a loss of Rs. 10,00,000/-.

(3.) IN the complaint, it was alleged that all the accused actively participated and conspired with each other in the process of making, counterfeiting, fabricating and forging false documents and produced the same in the Court. In this regard, the only allegation levelled against the petitioner is that he produced a despatch register in the Court when he was examined as AW-1 on 20.2.1990 in connection with the application for permission to produce the secondary evidence of certain alleged letters. It has been alleged that the said alleged register was a forged document and the petitioner despite having knowledge of its being forged produced the same in the Court.