VIDYA PARKASH SAINI Vs. STATE

JUDGEMENT

(1.) This is petition by Vidya Parkash Saini, under Section 561-A read with Section 439, Criminal Procedure Code for quashing the proceedings going on against him under Section 120-B read with Section 420, Indian Penal Code in the Court of Shri Gurdip Singh Kalra, Judicial Magistrate Ist Class, Phillaur.

(2.) The case of the prosecution is as follows, Smt. Chanan Kaur wife of Joginder Singh resides in United Kingdom. She originally hails from village Littran in the district of Jullundur. She came to India. She brought certain amount of money with her. She wanted to deposit a sum of Rs. 21,000.00 by opening a Saving Account in the Punjab National Bank Limited, Phillaur. She is an illiterate lady. She sought the assistance of Sardara Singh. An account is said to have been opened as a result of conspiracy between the petitioner and Sardara Singh not in the sole name of Shrimati Chanan Kaur but in the joint names of Sardara Singh and Shrimati Chand Kaur. This account was opened on December 22, 1964. The joint account was operatble by both or either. Sardara Singh withdrew from the account, sum of Rs. 5,000.00 on January 29, 1965. He again withdraw sum of Rs. 9,500.00 on February 20, 1965. Shrimati Chanan Kaur drew sum of Rs. 500.00 on December, 26, 1966. She discovered that Sardar Singh had already drawn the sum of Rs. 14,500.00. Discovering that Sardara Singh had drawn sum of Rs. 14,500.00 out of the sum so deposited and she had been duped, she forwarded a complaint to the Superintendent of Police, Julludur on January 19, 1968. After investigation of the case, Sardara Singh alone was challaned on April 5, 1968. Although it is specifically mentioned in the challan report that it was as a result of the conspiracy between the Manager of the Bank and Sardara Singh that a joint account had been got opened and her thumb impression was obtained in connection with the opening of that joint account by deposit of Rs. 15,000.00 and that a sum of Rs. 6,000.00 had been retained by Sardara Singh in spite of the fact that he had nothing to do with the amount sought to be deposited, the police did not challan the petitioner to the Court. The challan report also mentioned that the offences under Sections 406 and 420, Indian Penal Code had been committed by Sardara Singh in conspiracy with the petitioner. The trial Court, by its order dated October 17, 1968 found that instead of an account being opened in the name of Shrimati Chanan Kaur alone, Sardara Singh in conspiracy with the petitioner got a joint account opened in her name along with his own and also made misrepresentation that the entire sum of Rs. 21,000.00 had been deposited. The trial Court finding a prima facie case against the petitioner under Section 120-B read with Section 420, Indian Penal Code issued bailable warrants against the petitioner. A charge under these sections was framed against the petitioner on February 24, 1969.

(3.) The petitioner has applied for the quashing of proceedings including the charge framed against him. It is contended by Shri Har Parshad appearing on behalf of the petitioner that the facts stated on behalf of the prosecution in the challan report do not make out any offence against the petitioner and consequently the proceedings be quashed.