M.L. GUPTA AND Vs. C.P. MALHOTRA

JUDGEMENT

(1.) These are, a criminal reference reported to High Court under Sec. 438 of the Code of Criminal Procedure and a criminal revision preferred by one of the two accused to High Court under Sec. 439 of the said Code. Since a common question of law and fact arises both in the reference and in the revision, the two can be disposed of together by one judgment.

(2.) One G.P. Malhotra filed a complaint on 10 -9 -1970 in the Court of the Chief Judicial Magistrate, Simla, for the offence under Sec. 193 read with Sec. 120A of the I.P. Code and the accused are Shri M. L. Gupta and Shri Dharam Singh. The allegations made in the complaint are, that the complainant and the two accused were litigating for company law matters before the High Court and that the two accused had also threatened the complainant that he would face some incriminating evidence against him at the hands of the accused. It was further stated that the complainant received a registered envelope on 9 -9 -1970 despatched by Devico Private limited and the postman who delivered the envelope obtained the signatures of the complainant on the 'acknowledgment due' as well as on the postal receipt. When the complainant opened the envelope, he found to his surprise, kept therein, an old newspaper rapped up in a blank paper sheet. Upon this, the complainant thought that his two signatures obtained by the postman were likely to be utilized by the two accused in connection with some judicial proceedings. He, therefore, at once lodged a police report on 9 -9 -1970 and on the next day on 10 -9 -1970, he filed his complaint before the Chief Judicial Magistrate. According to the complainant, the two accused committed the offence under Sec. 193 I.P. Code read with Sec. 120A of the Code.

(3.) The learned Magistrate recorded the statement of the complainant under Sec. 200 Code of Criminal Procedure and also considered it fit before issuing process to send the complaint for enquiry by the police under Sec. 202 of the said Code. The police completed investigation and sent its report on 30th September, 1970. After considering such report made by the police, the learned Magistrate issued process against the two accused and called for their appearance before Court.