STATE OF RAJASTHAN Vs. JASWANT SINGH SALUJA

JUDGEMENT

(1.) THIS is an appeal by the State of Raiasthan directed against the order, dated December 23. 1969. passed by learned Additional Munsiff Magistrate No. 2, Jodhpur City.

(2.) THE brief facts of this case. as. alleged by the prosecution, are that complainant Gaj Singh a resident of Janakpur, accompanied by his brother-in-law Hakim. Singh, came to Jodhpur on April 4. 1968. One Shanker Sunar met Gaj Singh at Raika Bag Railway Station. He accompanied Gaj Singh and Hakim Singh and all of them reached Jodhpur Railway Station. Gai Singh and Hakim Singh came to Jodhpur in connection with filing an appeal in this Court in a criminal case-The complainant told Shanker Sunar that he wanted to engage Mr. R. P. Goyal. Advocate, to conduct his case. Shankar instead of taking the complainant to Mr. Goyal, took' him first to Mr. Manghai Ram's residence, Mr. Mangha Ram. however, was not engaged by the complainant. Shanker then took Gaj Singh and1 Hakim Singh to the house of Mr. Jaswant Singh Saluja. Advocate. There the complainant was told that the accused was no other person but Mr. R. P. Goyal. The complainant then engaged Mr. Saluja to conduct his case. He gave him Rupees; 485/ -. on account of his fee and for the balance of Rs. 100/ -. a document was executed by him on April 5, 1968. Ga. f Singh and Hakim Singh were taken to> the Court premises. There Mr. Saluja told the complainant that his appeal had been filed and that the same would be listed on Monday for admission. At that stage Hakim Singh told Mr. Saluja that he was not Mr. Goyal and that he would not like that the brief should be entrusted to him. He thereupon demanded back the money and the papers given to him. Mr. Saluja neither returned the money, nor the papers. On April 6. 1968, Gaj Singh contacted Mr. Goyal and apprised him of the whole happening. Mr. Goyal then took the complainant to Mr. Saluia. There was an exchange of hot words between the two Advocates. Thereafter the complainant Gaj Singh made a report at the police station, Udai Mandir. The police registered a case against Mr. Saluja and three others and took over investigation. After necessary investigation a challan was rout up in the Court of the Additional Munsiff-Magistrate No. 2. Jodhpur City, under Section 420. IPC On November 12, 1969, accused Jaswant Singh submitted a statement of Gaj Singh, alleged to have been written by one Mohan Lai wherein he had stated that as he was under some misunderstanding that no appeal had been filed in the High Court, he had made the complaint. Had there been no such misapprehension, he would not have made any complaint against the accused at the police station. The trial Court took this written statement as a compromise arrived at between the two oarties and accorded1 permission under Sub-section (2) Section 345. Cr. PC to compromise the case and acquitted the accused after verifying the compromise.

(3.) DISSATISFIED by the above order, the State of Rajasthan has taken this appeal. The appeal was admitted on July 27, 1970. On November 25, 1971. this Court ordered that a notice be issued to Gaj Singh. Fresh notices were again issued on December 17, 1971 and January 31, 1972. Despite the notices having been served. Ga. i Singh did not put in appearance.