ISHAM SINGH Vs. TARA DEVI

JUDGEMENT

(1.) This petition is directed against the order dated 08.11.2004 vide which the learned Trial Magistrate ordered the summoning of the petitioner as accused to stand trial for offences under Sections 420, 467, 468, 471/120- B of the Indian Penal code.

(2.) For enabling appropriate appreciation of the controversy, it would be useful to indicate the allegations of the complainant in the first instance. The petitioner is an agent of Life Insurance Corporation (hereinafter referred to as "LIC). Mahinder alias Ravinder husband of respondent/accused no.1 Kamlesh obtained a Life Insurance Policy through the petitioner. The risk covered was Rs. one lac. After the deposit of the first instalment, Mahinder alias Ravinder died on 31.12.2001. However, with an intent to defraud the Life Insurance Corporation, the petitioner entered into conspiracy with Kamlesh and deposited further instalment even after the death of the deceased. The deposit of two instalments was required in order to enable the drawal of life insurance benefit. Thereafter, a false death certificate was obtained in which the date of death of Mahinder alias Ravinder was given as 31.01.2002. In that certificate, it was indicated that the death of Mahinder @ Ravinder had been reported to the concerned authorities on 14.02.2002. On account of the above facts, the LIC released a sum of Rs. 1,29,587/- to Kamlesh, who was enabled in that behalf by the petitioner. Out of the maturity value amount, a sum of Rs. 3213/- was deducted by the LIC as an instalment vide cheque

(3.) In the preliminary evidence, the complainant stepped into the witness box. A report by the police under Section 202 of the Code of Criminal Procedure was also obtained and placed on record. On perusal of the testimony on oath of the complainant and also the contents of report under Section 202 Cr.P.C. furnished by the police, the learned Trial Magistrate passed the impugned order. The plea raised by the learned counsel, at the very outset, is that the present complaint is nothing but a sheer abuse of the process of Court inasmuch as the petitioner had no axe to grind in the entire affair and he has been unnecessarily blamed and harassed by having been summoned to face the trial.