GANESH DUTT BHARWAL Vs. KESHAV DASS

JUDGEMENT

(1.) If there can be a storm in a cup of tea, the present case amply demonstrates it.

(2.) One Keshav Dass filed a private complaint against applicant Ganesh Dutt Bharwal under Sections 406, 409,419, 420, 467, 468 & 471 of the Indian Penal Code in the court of the learned Sub Divisional Judicial Magistrate, Amb, in the year 1986. The allegations, briefly put, were that the accused representing himself as an agent of Congress (I) Party approached him on 27.12.1985 and collected a sum of Rs. 26/- (sic Rs. 24) from him. The accused issued Receipt No. 15666 in token of the receipt of membership fee and duly signed it. The complainant later on came to know that the fee had not been deposited with the office of the Himachal Pradesh Congress Committee after which he approached the Chief Minister of Himachal Pradesh as also the Permanent Secretary of Congress (I) Himachal Pradesh wherefrom he learnt that no printed receipt books had been issued, particularly any book containing receipt numbering 15666. Thus the accused misrepresented himself as agent of Congress (I) competent to collect membership fee and also deceitfully obtained Rs. 26/- (Rs. 24/-) from the complainant and cheated him to that extent.

(3.) After recording preliminary evidence the learned trial court summoned the accused to stand trial for offences under Sections 406/420/ 467/468/471, IPC. The date fixed in the Court was 25. 5. 1987.