SHEKHAR GUPTA Vs. TARLOKI NATH

JUDGEMENT

(1.) RESPONDENTS had faced trial in a complaint filed by the applicant under Sections 452, 506 of Indian Penal Code, 1860.

(2.) THE case of the complainant in brief was that he was a practising advocate in the Courts at Ludhiana. Father of the applicant had expired on 25.06.2004. In fact, father of the applicant had performed two marriages. Complainant was born out of the first wedlock of his father. After divorcing the mother of the applicant, father of the applicant had performed a second marriage and out of the said wedlock Shaiwal Gupta was born. Respondents were real brothers and their father Chaman Lal Sachdeva was manager of School namely Sanathan Vidya Mandir, Civil Lines, Ludhiana. Applicant as well as respondents were members of the managing committee of the said school. Respondents alongwith their father in connivance with step -mother and step -brother of the applicant, had forged the signatures of the applicant's father and withdrew huge amount from the bank account by presenting eight cheques. They also tried to withdraw money from the school account by forging the signatures of the father of the applicant. FIR was registered against the step -father of the respondents as well as step -mother and brother of the applicant. On 01.08.2005 at about 5:00 PM, respondents entered the chamber of the applicant in a drunken condition and started abusing the complainant At that time, Gurmukh Singh and Surinder Pal Singh Moudgill, Advocates were present in the Chamber of the applicant. Respondent No.1 picked up a chair and respondent No.2 picked up a wooden bench and tried to hit the applicant. With the intervention of other advocates, applicant was saved. Applicant approached the police by moving a compliant, but no action was taken on the same.

(3.) VIDE order dated 12.08.2014, trial Court ordered the acquittal of the respondents. Hence, the present application under Section 378(4) of Code of Criminal Procedure, 1973 for grant of leave to appeal by the complainant.