SURJIT SINGH Vs. CHARANJIT SINGH

JUDGEMENT

(1.) The petitioners are accused in a complaint case arising from the complaint filed by the respondent in the Court of learned Judicial Magistrate Ist Class, Ferozepur in which the petitioners have been summoned for the offence under Section 379 of the I.P.C. The other accused were not summoned and the complaint against them was dismissed.

(2.) It may be noted that complaint was filed under Sections 406 and 420 of the I.P.C. while the summoning order was under Section 379 of the I.P.C. This petition is, therefore, filed for quashing both the summoning order of the J.M.I.C. and the complaint filed against the petitioners.

(3.) The case of the complainant in the complaint is that he purchased a combine bearing registration No. PBC 9500 from the accused and paid Rs. 50,000/- and agreed to re-pay the loan taken by the accused for the purchase of the said combine from the State Bank of Patiala, Malout Branch and the accused agreed to transfer the ownership of combine in favour of the complainant as and when the loan was cleared and the combine was released from the mortgage with the Bank. The amount of loan of the harvester combine was Rs. 3,80,612/- with interest as on 1.10.1986. It was an oral agreement and, therefore, no receipt was taken. The complainant deposited various amounts on various dates in the account of M/s Surjit Singh and others bearing account No. PB-91 in the State Bank of Patiala, Malout Branch and most of the deposit vouchers were signed by the complainant who was to go to Malout from Ferozepur to deposit the said amounts.