HIRA LAL ANAND Vs. HARBANS LAL GHAI

JUDGEMENT

(1.) THIS is a petition under Section 195/340, Criminal Procedure Code, requiring this Court to file a complaint against the respondent for offences committed as are enumerated in Section 195 (1) (b), Criminal Procedure Code.

(2.) IT appears that the petitioner filed an eviction petition against the respondent on the ground that the respondent was in arrears of rent. The respondent in defence produced certain receipts asserting that he had made payments of rent and was not in arrears. The Rent Controller, it appears, agreed with him. However, Sh. Amar Dutt, the Appellate Authority, Ludhiana disagreed with the view of the Rent Controller and came to the view that the receipts were not genuine and thus ordered eviction of the respondent. The respondent filed a civil revision petition No. 118 of 1985 to challenge the said order but the same was dismissed in limine on May 13, 1985. This petition has been filed on the premises that since the receipts were held to be not genuine, the respondent had clearly committed offences covered under Section 195 (1)(b), Criminal Procedure Code, and thus this Court should be a complainant after following the procedure under Section 340, Criminal Procedure Code.