NALINI Vs. GULBIR CHAUDHARY & OTHERS

JUDGEMENT

(1.) The instant petition stands preferred by the aggrieved complainant, against, the pronouncement recorded on 5.9.2009, by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, upon, Cr. Appeal No. 14-P/X/08, whereby, he set aside the orders recorded by the learned Judicial Magistrate 1st Class, Palampur, upon, Cr. Complaint No. 142-II-2005, whereby, the latter had found prima facie case against the respondents/accused for theirs committing offences punishable under Section 193, 471 and 120-B of the IPC AND had also directed for transmission, of, the criminal complaint, to, the Court of the learned Chief Judicial Magistrate concerned.

(2.) The foundation of the complaint instituted by the complainant/petitioner herein, against, the respondents herein/accused, (i) is comprised in a copy of agreement, Annexure P-5, certified copy whereof, bears, mark C-10, (ii) being the one appended initially along with Civil Suit No. 123/2002, whereas, subsequent thereto, another agreement comprised in Ex. C-8, being produced before this Court and before the learned trial Court concerned, (iii) wherein, clause (7) hitherto not existing in Annexure P-5, rather found occurrence therein. Consequently, it is contended that, thereupon, the respondents/accused were intending to draw untenable leverage therefrom.

(3.) The learned counsel appearing for the petitioner herein has contended with vigour that with respondents herein/accused, in their reply furnished, to the show cause notice, making communications of theirs relying upon Ex. C-8, thereupon, it is per se evident therefrom, (i) of, theirs acquiescing, of theirs, surreptitiously introducing it, on the file of civil suit No. 123 of 2002, pending before the learned trial Court concerned, (ii) AND more so, after theirs removing the initially therewith appended agreement, as, borne in Annexure P-5, from, the file of the aforesaid civil suit.