RANJEET SINGH JALTA Vs. NIRANJANA AND OTHERS

JUDGEMENT

(1.) This appeal is instituted against the judgment, dated 28.11.2013, rendered by the learned Chief Judicial Magistrate, Shimla in Complaint Case No. 31/2 of 2006/2003.

(2.) Key facts necessary for the adjudication of this appeal are that the appellant has filed a complaint under Section 468 read with Section 34 of the Indian Penal Code against the respondents. According to the averments made in the complaint, Sh. Jagat Singh Bhandari had sent a photocopy of horoscope of Niranjana alongwith a letter, dated 20.07.2002. The horoscope was tallied on the basis of the copy supplied by Acharya Sh. Nand Lal in the month of August, 2002. Ring ceremony was solemnized and thereafter the marriage was solemnized between the appellant and respondent No. 1, namely, Niranjana. The respondent No. 1 left the company of complainant on 9th March, 2003.

(3.) The appellant came to know that Smt. Niranjana had given wrong date of birth. Her actual date of birth was 30.06.1965 and not 07.07.1969. Thus, according to the appellant, a forged horoscope was prepared dishonestly to cause damage to him and also with intention to commit fraud upon the appellant. He had incurred expenditure of rupees four five lacs in the marriage. He also made a complaint to the Superintendent of Police, Shimla on 23.05.2003, but no action was taken.