HANUMANT SINGH RAGHAV Vs. RAJINDER KUMAR

JUDGEMENT

(1.) Prayer in this petition is for quashing of the criminal complaint No.COMI/127/2014 dated 09.11.2012 titled as Rajinder Vs. Regional Manager, ICICI Lombard General Insurance Company and others (Annexure P-9) and the summoning order dated 13.06.2016 (Annexure P-10), vide which the petitioner had been summoned to face the trial under Sections 167, 209, 219, 420, 467, 468, 471 of the Indian Penal Code (for short 'IPC').

(2.) Learned counsel for the petitioner submits that the relevant facts for just decision of the case are that one Jagga Singh met with an accident on 14.08.2007 with the car of respondent-complainant Rajinder Kumar and on that account, FIR No.34 dated 19.09.2007 was registered. Later on, Jagga Singh filed a claim petition before the Motor Accident Claims Tribunal, Sirsa (for short 'MACT'), in which ICICI Lombard General Insurance Company was arrayed as respondent No.2 and owner of the car/respondent-complainant Rajinder Kumar was arrayed as respondent No.1. The said MACT case No.75/2007 was decided ex-parte against respondent-complainant, as despite repeated service through ordinary process and registered post, he could not be served and ultimately, on receiving the report that he is avoiding the service, the complainant was proceeded against ex-parte on 31.08.2008 by the MACT, Sirsa. Thereafter, the case was referred to the Lok Adalat, where a settlement was arrived at between Jagga Singh and Insurance Company and in pursuance to the settlement, award dated 22.11.2008 was passed. The operative part of the award reads as under:-

(3.) Learned counsel for the petitioner has further submitted that later on, an application was moved for correction, which was also allowed. As per the award, ICICI Lombard General Insurance Company was to pay an amount of Rs.1.15 lac to claimant Jagga Singh. Thereafter, the Insurance Company got verification of the driving licence of respondent-complainant Rajinder Kumar, in which the Licensing Authority, Sri Muktsar Sahib gave information to ICICI Lombard General Insurance Company on 24.11.2008 that the licence in the name of complainant was valid upto 05.01.2001.