LAWS(P&H)-2015-11-320

SURINDER KUMAR Vs. BALJINDER SINGH AND OTHERS

Decided On November 18, 2015
SURINDER KUMAR Appellant
V/S
Baljinder Singh And Others Respondents

JUDGEMENT

(1.) Challenge in the present petition, filed under Section 482, Cr.P.C., is to the order dated 12.8.2015 (Annexure P-4), passed by learned Additional Sessions Judge, Amritsar, whereby criminal revision petition filed by the petitioner challenging the order dated 7.3.2015, passed by learned Judicial Magistrate First Class, Amritsar, whereby the complaint filed by the petitioner for summoning and trial of the respondents, for the offences punishable under Sections 406 and 420, IPC, was dismissed.

(2.) Learned counsel contends that an amount of Rs. 16,00,000/- (Rupees sixteen lacs only) was paid to the respondents for alienating land, but they failed to keep the words and even did not return the amount paid by the petitioner. She further submits that both the Courts below have failed to appreciate the fact that prima facie case for summoning of the respondents was made out and, as such, it was incumbent for learned Area Judicial Magistrate to summon the respondents to face trial.

(3.) While dismissing criminal revision petition filed by the petitioner, learned Additional Sessions Judge, Amritsar, held as under:-