MANGAT SINGH Vs. RAKHA SINGH

JUDGEMENT

(1.) ONE Gurmeet Kaur wife of Mangal Singh petitioner on her own behalf and for her three minor children had filed an application under Section 125 of Code of Criminal Procedure for grant of maintenance. The application was tried by the learned Judicial Magistrate 1st Class, Jalandhar. On 9.10.1990 learned Judicial Magistrate decided the same. During the course of trial, Rakha Singh, respondent No. 1 appeared as PW1 on behalf of Gurmit Kaur. Amarjit Singh respondent appeared as PW4 again as witness for Gurmit Kaur. Application under Section 125, Code of Criminal Procedure was decided. After the decision, petitioner moved the application under Section 340, Code of Criminal Procedure to initiate enquiry. It was pleaded that respondents Rakha Singh and Amarjit Singh had given intentionally false evidence with intention to get such false evidence read and used in judicial proceedings. He averred that respondents had deposed falsely and may be dealt with in accordance with law.

(2.) ACCORDING to the petitioner, respondent Rakha Singh denied receipt of money sent by the petitioner, while he received such amount through Bank draft and the same was deposited in the saving fund account of Rakha Singh at New Bank of India, Jalandhar. He also asserted that by denying the ownership of Plot No. 120, Dada Colony, Jalandhar, he stated a fact which was false and thirdly that respondent Rakha Singh had made a false statement that petitioner had promised in the Punjab and Haryana High Court to transfer Rs. 60,000/- in favour of his children. As against Amarjit Singh, it was alleged that he falsely stated in the Court that he had contacts with the petitioner at Dubai in the year 1980.

(3.) LEARNED Addl. Sessions Judge, Jalandhar dismissed the appeal, hence the present revision petition. The case was listed on three occasions, but none appeared for the petitioner. It was felt that it will not be appropriate to again adjourn the case.