AMIT SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 18.04.2016 (Annexure P-10) passed by the trial Court, vide which, while allowing an application filed by the prosecution under Section 319 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), the petitioner had been summoned as additional accused as well as the order dated 11.11.2016 (Annexure P-12) passed by the revisional Court, vide which the revision petition filed by the petitioner was dismissed.

(2.) Brief facts of the case are that respondent No.2-complainant Gopi Chand gave a complaint dated 03.01.2013 (Annexure P-1), only against Chander Mohan Sharma, brother of the petitioner, with the allegations that he had paid an amount of Rs.9.00 lacs for the purchase of a house, however, neither the amount was returned nor the sale deed was executed in his favour and even a cheque of Rs.2.00 lacs given by accused Chander Mohan Sharma was dishonoured. Thereafter, an inquiry was conducted by Additional Deputy Commissioner of Police, Crime, Jalandhar and as per the inquiry report dated 08.01.2013 (Annexure P-2), it was found that it is a dispute regarding landing of money between complainant Gopi Chand and accused Chander Mohan Sharma. Thereafter, the complainant gave another application dated 22.07.2013 (Annexure P-3) to the Commissioner of Police, Jalandhar against Chander Mohan Sharma alone and the petitioner was not named. An inquiry was conducted by ADCP, Jalandhar, in which statement of the complainant was recorded on 14.09.2013 (Annexure P-4) and in this statement also, respondent No.2- complainant has named Chander Mohan Sharma as the sole person, who had allegedly cheated him. One more representation was given by the complainant on 14.10.2013 (Annexure P-5) levelling allegations against Chander Mohan Sharma alone and FIR No.223 dated 25.10.2013 (Annexure P-6) under Sections 406, 420 of the Indian Penal Code (for short 'IPC') was registered at Police Station Division No.5, Jalandhar.

(3.) After conducting the inquiry, the police submitted the report under Section 173 Cr.P.C. on 23.12.2013 (Annexure P-7) against Chander Mohan Sharma alone and the petitioner namely Amit Sharma was neither kept in column No.4 nor in column No.2 of this report, as at no stage, the complainant has levelled any allegations against the petitioner.