RAJINDER PARTAP GARG Vs. H.S. RANDHAWA

JUDGEMENT

(1.) PRAYER in this petition is, for quashing the order dated 25.1.2005, whereby the Judicial Magistrate Ist Class, Chandigarh, has framed charges, against the petitioner, under Section 420 of the Indian Penal Code.

(2.) THE respondent filed a private complaint alleging the commission of an offence under Sections 419/420 of the IPC. The petitioner, was arrayed as the sole accused. Vide order dated 23.3.2001, the Judicial Magistrate, Ist Class, Chandigarh, dismissed the complaint. A revision preferred by the respondent was accepted by the Additional Sessions Judge, Chandigarh and vide order dated 27.11.2001 and the complaint remitted to the Magistrate, for further enquiry. Vide order dated 9.4.2002, the Magistrate, summoned the petitioner. The petitioner, filed an application praying for recalling of the summoning order. The application was partly allowed and partly dismissed vide order dated 8.7.2003. A revision petition, filed against the aforementioned order was dismissed, by the Additional Sessions Judge, Chandigarh, vide order dated 17.7.2004.

(3.) COUNSEL for the petitioner contends that the impugned order does not disclose an application of mind, suffers from factual errors and has primarily been passed by placing reliance upon certain observations made by the Additional Sessions Judge, Chandigarh, in his order, remitting the complaint for fresh enquiry.