KULDIP SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 476-B of the Code of Criminal Procedure by Kul-dip Singh against the order of the learned District Judge, Ambala, made under section 476 of the Code directing that a complaint should be filed against the appellant under Sections 471 and 193 of the Indian Penal Code.

(2.) THIS complaint is in respect of a receipt purporting to be dated 22-12-1946, for rs. 35,000/-alleged to have been passed by Amar Singh in favour of the appellant and this receipt was relied upon by the appellant to prove the payment of that sum in a mortgage suit instituted by Amar Singh on 17-8-1948, in which the appellant was a defendant. After that suit had been decreed and the appeal by kuldip Singh in the High Court had been dismissed on 9-5-1951, Amar Singh gave an application to the Sub-Judge, Ambala, on 13-8-1951, under Section 476 of the code of Criminal Procedure. That application had a somewhat chequered history as detailed in paragraphs 4 to 6 of the judgment of the lower Court and finally it was held by their Lordships of the Supreme Court in their order D/- 15-2-1956 case reported as Kuldip Singh v. State of Punjab, (S) AIR 1956 SC 391 (A), that the proceedings taken on that application in the lower Courts were without jurisdiction. A request was made to their Lordships not to allow the proceedings to pend any longer, but was not acceded to. and in the penultimate paragraph of that judgment at page 400, their lordships observed as follows:

(3.) THEIR Lordships sent the case back to the District Judge, Ambala, with the directions that if that Court was satisfied that a prima facie case had been made out and that it was expedient in the interests of justice that a complaint should be filed, then it was but right that the matter should be tried in the criminal Courts.