BIR SINGH Vs. DHARMINDER SINGH

JUDGEMENT

(1.) THE instant revision petition has been directed by the petitioner, feeling aggrieved by and dissatisfied with the order dated 7th February, 2001 passed in a case No.143-I/2000, by the Judicial Magistrate Ist class, whereby his complaint under Sections 420, 467, 468, 470, 471 and 120-B of the Indian Penal Code was dismissed.

(2.) IN brief, the relevant facts which are noticed from the record of the trial court are that the petitioner was a member of Damtal Truck Operators Union in the year 1998. The name of such Union was changed under the Chairmanship of Chaudhary Milkhi Ram from Damtal Truck Owners Union to the Public Truck Operators Union in the year 1998. In the same meeting, it was decided that the Union will file a case against Rajpal Singh and others. The working Pradhan i.e. respondent No.1 obtained the signatures of all the members on the blank judicial papers and one of the blank judicial papers was duly signed by the executive member was used by fabricating the agreement to file a civil suit against Jassur Truck Union. Respondent no.1, in collusion with respondent No.2. had prepared and fabricated a false agreement dated 25.5.1997, on the blank judicial papers to get a favourable order in the stay application in civil suit no:204/2000. The complaint was presented on 22.9.2000. The petitioner produced the preliminary evidence. Besides examining himself, he had produced Inderjeet Mahajan. After considering the matter, the trial court dismissed the complaint mainly on the ground of its maintainability. The relevant portion of the order is extracted as under:-

(3.) THE matter was admitted for hearing on 14.8.2001 and now it was listed for final hearing.