DINESH CHANDER SHARMA Vs. BHOOP RAM THAKUR

JUDGEMENT

(1.) THIS is a petition filed by the petitioner under Section 482 of the Cr.P.C. read with Article 227 of the Constitution of India against the order passed by the learned Sessions Judge, Una, dated 1.8.2009, affirming the order, dated 8.9.2008, passed by the learned Judicial Magistrate Ist Class, Court No. I, Una.

(2.) BRIEFLY stated the facts of the case are that a complaint was filed by the petitioner, hereinafter also referred to as complainant, under Section 190(1)(a) read with Section 473 of the Cr.P.C., for taking action against one Bhoop Singh Thakur, who was arrayed as an accused. It was alleged by the complainant that he was engaged as a counsel by the accused for his son, namely, Gopal in the Juvenile Court, Una and the case was fixed for prosecution evidence. The accused visited the complainant on 5.4.1999 with regard to the said case and he requested the accused to make the repayment of the loan taken by the accused from him for which time was prayed. Thereafter, it was alleged that the complainant warned the accused to arrange for the repayment of the said loan till next day, failing which, he would be got imprisoned in that regard. It was alleged that he gave the said warning to the accused in order to extract his loan amount from the accused. It was learnt that two complaints were filed against the complainant by the accused and the complainant applied for the copies and thus, he came to know that the accused has leveled false allegations in the said complaints against the complainant to harm his reputation. Hence, the accused should be summoned under Section 190(1)(a) read with Section 473 of the Cr.P.C.

(3.) I have heard the petitioner in person and have gone through the order passed by the learned Sessions Judge, Una.