GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing the order dated 19.01.2018 (Annexure P-5), vide which the trial Court has dismissed the application moved by the petitioner/complainant under Section 311 Cr.P.C. for summoning the additional documents/witnesses which are just and necessary in the proper adjudication of the case and were inadvertently left out by the Investigating Officer while submitting report under Section 173 (2) Cr.P.C. in FIR No. 192 dated 01.11.2011, under Sections 420, 419, 467, 468, 471, 406, 120-B of the IPC at Police Station City Mansa.

(2.) Brief facts of the case are that petitioner Gurcharan Singh is the complainant in the aforesaid FIR. He is an old man aged about 75 years and is an illiterate man, who can only write his name.

(3.) As per the allegations in the FIR, registered against the accused persons/private respondents, who are running the business of commission agent, are that they have prepared forged cheque in favour of Ashwani Kumar by committing a breach of trust as the cheque book and cheques of the petitioner/complainant were misused by them and fake entries were made in the book of accounts. It is further stated in the FIR that the complainant used to sell his agriculture produce to the firm of Krishan Kumar namely M/s Kashi Ram Atma Ram, Commission Agent, Mansa Mandi and the complainant used to deposit his sale proceeds of his crop in the shop of Krishan Kumar from 1998 to 2008 and out of the said amount, the complainant used to get money for the purchase fertilizers, clothes and other commodities. It is further stated in FIR that 8/9 Lakh is due towards the commission agent shop and when in 2008, the complainant/petitioner asked Krishan Kumar to settle the accounts, the same was lingered on by Krishan Kumar on one pretext or the other and when the petitioner asked him to return his documents, licence and cheque book, again the same were not supplied to him. It is further stated that Krishan Kumar and Ashwani Kumar used to maintain the accounts of commission agency and they have kept blank cheques signed by the petitioner, though the petitioner did not operate his account for a long time in the Bank of Punjab which later on merged with HDFC Bank. Later on, the accused persons by showing bogus entries in the account statement, have filled up the cheques and presented the same in the bank which were dishonoured being on account of insufficient funds and the complaints under Section 138 of the N.I. Act were filed. The police after registration of the aforesaid FIR submitted the challan and thereafter, the trial Court framed the charges.