DIVYA SETHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has assailed order dated 24.04.2015 passed by Judicial Magistrate, Ist Class Patiala vide which the she was summoned as an additional accused to face trial under Section 319 Cr.P.C., 1973

(2.) Brief facts are that the FIR was registered by the complainant Manju Sethi wife of Sh. Rajesh Kumar, who is the nanad (sister-in-law) of the petitioner. Complaint was made to the police regarding cheating, fraudulently obtaining blank signed cheque book and blackmailing of the complainant. Complainant alleged that her father Kharaiti Lal had died in the year 1999. Thereafter his brothers namely Hanish Kumar @ Raju, Sumit Kumar @ Sonu and her mother Uma Devi @ Oma Devi had not given any share to the complainant and her sisters. Mother and brother Hanish Kumar @ Raju came to the in-laws house of the complainant and told her that she was having joint account with her father and sister Anju and there was some cash which was to be withdrawn. On that pretext, they got signatures of the complainant on blank cheque. They further told that after withdrawal of the amount, they will give due share to the complainant. They also obtained signatures of other sister of the complainant. Complainant further alleged that she signed the blank cheque in good faith. Thereafter brother and mother of the complainant went away. They withdrew the amount from the bank, but did not give share to the complainant and her sister. All the three sisters had filed a court case against the brothers. After few days elder brother and the mother of the complainant gave one cheque from the cheques signed by the complainant to one Manoj Kumar son of Hukam Chand by filling an amount of Rs. 2 lacs and he filed a false case against the complainant. The complainant alleged that brother and mother of the complainant are in possession of more blank cheques which were allegedly got signed from the complainant. Allegation of cheating and blackmailing were made so as to pressurize the complainant to withdraw the court case. The complainant also alleged that she has recorded the conversation of her mother on her mobile via video, in which her mother was accepting that she had cheated the complainant in connivance with her elder son Hanish Kumar @ Raju.

(3.) The police during course of investigation did not find any complicity of the petitioner. It was recorded that if, voice recorded in CD was correct, then Hanish Kumar, Uma Devi @ Oma Devi and Sumit Sethi @ Sonu had withdrawn the amount from the Bank by making the complainant to sign the blank cheques and one of the cheque was given to Manoj Kumar for which proceedings in terms of section 138 of the Negotiable Instruments Act (for short 'the Act') were initiated. Offence under Sections 420, 468, 471 and 120-B IPC was found to have been committed and challan was accordingly presented against Sumit Sethi @ Sonu, Hanish Kumar @ Raju and Manoj Kumar.