SANGEETA AND ANOTHER Vs. DARSHAN LAL

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing of summoning order dated 22.04.2008 (Annexure P/3) passed by learned Chief Judicial Magistrate, Mansa whereby the petitioners were summoned for commission of offence punishable under Section 500 IPC; and the order dated 25.08.2010 (Annexure P/7) passed by learned Additional Sessions Judge, Mansa, whereby revision petition filed by the present petitioners was dismissed.

(2.) Facts relevant for the purpose of decision of the present petition; that respondent - Darshan Lal filed a complaint under Section 500 IPC against the present petitioners on the ground that the complainant is an honest man and is a person of good reputation. He is an income tax assessee. An application was filed under Order 39 Rule 2-A in the proceedings of civil suit, titled Loven Singla Vs. Parkash Devi and others which was pending before learned Civil Judge (Senior Division) at Mansa on 4.9.2006 and in the said proceedings, the respondent appeared along with his counsel. At that time, members of general public were also present in the Court. Des Raj son of Chanji Lal and Genda Ram son of Babu Ram were also present in the Court. At that time, the present petitioners also moved an application dated 4.9.2006 against the complainant on the allegation that the respondent (herein) was a tout of the Police and their witnesses refused to give evidence and he threatened them. This language was put in the Court publically and out of the Court as well. As a result of that, reputation of the respondent lowered-down in the eyes of respectable persons present over there. Above named Des Raj and Genda Ram left the business dealings with the respondent- complainant.

(3.) On filing of the complaint, complainant Darshan Lal examined himself as CWE-1 and reiterated the facts as detailed in the complaint and also examined Sh. Satish Mehta, Advocate as CW-2 and Genda Ram as CW-3, who have corroborated the version of the complainant and on that basis, learned trial Magistrate found prima facie case against the accused persons and ordered summoning of the present petitioners under Section 500 IPC vide impugned order dated 22.04.2008 (Annexure P/3).