RAMESH PANDEY Vs. CHENAB TEXTILES MILLS

JUDGEMENT

(1.) Petitioner has invoked the jurisdiction of this Court in terms of Section 561-A Code of Criminal Procedure (for short hereinafter, Code of Criminal Procedure ) for quashing the entire proceedings drawn in the complaint titled as M/S Chenab Textile Mills v. Ramesh Pandey, on the grounds taken in the memo of petition.

(2.) Respondent filed a complaint against the petitioner/accused for the commission of offence punishable under Sections 406 & 408 of Ranbir Penal Code (for short hereinafter, RPC). Cognizance came to be drawn and process issued against the accused for the commission of offence under Sections 406 and 408 RPC vide order dated 5.5.2007. Petitioner/accused appeared and came to be admitted to bail vide order dated 20.7.2007. Complainant/respondent herein was asked to lead evidence in support of the complaint, examined Sh. J. K. Nirmal, through whom complaint came to be filed, vide order dated 10.3.2008. The evidence of the complainant came to be closed vide order dated 18.3.2009. Complainant filed an application for allowing to produce witnesses namely T.P. Singh, mentioned in the list of witnesses and another namely Sabu Joseph on 29.4.2009. Petitioner/accused filed objections on 6.5.2009, came to be rejected vide order dated 26.8.2009. Thereafter accused filed an application for discharge, came to be rejected vide order dated 2.4.2010.

(3.) Learned Counsel for petitioner argued that complainant has not appended the list of witnesses with the complaint in terms of Section 204(1-a) Code of Criminal Procedure , therefore, the entire proceedings are without jurisdiction and abuse of process of law. Further he argued that the application filed by the petitioner came to be rejected illegally for the reason that there was no evidence which could be made basis for framing charge against the accused for the commission of offence punishable under Section 408 RPC.