BALDEV SINGH Vs. JAGROOP SINGH

JUDGEMENT

(1.) Present petition has been filed challenging the Order dtd. 12/11/2018(Annexure P-5) passed by the Additional Sessions Judge, Amritsar, whereby upholding the Order dtd. 12/7/2018(Annexure P-3) passed by the Judicial Magistrate Ist Class, Ajnala, the application filed by the Complainant for leading secondary evidence qua the affidavit in dispute has been upheld and the revision filed by the present petitioner was dismissed.

(2.) The brief facts which has given rise to the present petition are that the Complainant purchased share in property from successors-in interest of Kartar Kaur. The land purchased by the Complainant had tube well there on, with electric connection in the name of said Kartar Kaur. The Complainant had purchased the land alongwith the tube well and the electric connection. However, when he confirmed the latest status regarding the electric connection, then it was found that the same was running in the name of petitioner No.1 Baldev Singh. Further allegation of the Complainant is that, after the death of Kartar Kaur, through impersonation by some other person as Kartar Kaur, the petitioner prepared a false affidavit and got the electricity connection transferred in his name; in connivance with his co-accused.

(3.) At the stage of pre-charge evidence, the clerk of Punjab State Power Corporation Ltd., Sub Divisional Ajnala was examined by the Complainant. This witness had brought the record before the Court. However, in the statement made before the Court, this witness stated that the original of the affidavit dtd. 1/2/1990, on the basis of which electric connection was transferred in the name of the present petitioner, was missing from the concerned file of the Corporation. However, this witness deposed that the connection was, in fact, transferred in the name of the present petitioner on the basis of the affidavit.