RAMESH KUMAR Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) Through the instant petition, petitioner Ramesh Kumar has sought quashing of Calendra under Section 182 IPC filed by SHO, Police Station Baghapurana, District Moga (Annexure P-5), summoning order dated October 1, 2008 (Annexure P-12) and consequent proceedings.

(2.) Briefly stated, the facts giving rise to instant petition are that petitioner moved an application for registration of case against respondent Nos.3 and 4 at Police Station, Baghapurana, District Moga with the allegations that respondent No.4 Makhan Singh used to proclaim that both of his sons namely Himmat Singh (respondent No.3) and Manvinder Singh are living in Canada and he can make an arrangement for sending his son Navdeep Kumar to Canada on receipt of a sum of Rs. 10 lac. However, the matter was settled for Rs. 9.5 lac which was paid by the petitioner to Himmat Singh. Subsequently, neither Navdeep Kumar was sent to Canada nor the amount was returned. A thorough enquiry was conducted into the allegations unfolded in the complaint but the allegations were found to be false by SI Gurpreet Singh, Economic Offences Wing, Moga. Accordingly, he recommended the initiation of proceedings under Section 182 IPC against the petitioner. A Calendra was presented in the court of Area Magistrate, on the basis of which, petitioner has been summoned to face trial vide order dated October 1, 2008, which necessitated the filing of instant petition.

(3.) In response to notice, petition has been resisted by the State as well as by private respondents.