MAHENDRA KUMAR Vs. GANGA SINGH

JUDGEMENT

(1.) THIS revision has been filed by Mahendra Kumar against the order of the learned Chief Judicial Magistrate, Pali dated 21 -7 -1984 by which cognizance of offences Under Sections 504 and 167 IPC has been taken against him on the complaint made by Shri Ganga Singh.

(2.) THE facts giving rise to this revision briefly stated are that the complainant Ganga Singh Singh was selected under the Educated Unemployed Youth Scheme on 27 -2 -1984 by the Joint Director of the District Industrial Centre, Pali and was recommended for a loan of Rs. 25,000/ - setting up a diary, to the State Bank of India, Pali whose Branch Manager is the present petitioner Shri Mahendra Kumar Jain. The complainant was called by the Bank for completing the papers for the loan. It appears that the complainant went to the Bank a number of times but the formalities could not be completed for one reason or the other and the complainant was of the view that the accused was putting obstacles in his way and was delaying the sanction of the loan. He thereupon made complaint against him to the higher authorities. It is alleged that on account of this complaint, the petitioner was annoyed with the complainant and when complainant met him, he abused him in foul language and told him that he was the person who would grant him loan and as he was making complaint against him, he will see that no loan is sanctioned to him. The complainant further stated that on account of these abuses, he felt insulted but, however, he maintained his claim and did not allow any breach of peace to occur.

(3.) SIMILARLY it was further alleged that in the letter No. BM 126/84 dt. 22.5.84 addressed to the Director of the District Industries, the accused had wrongly mentioned that the complainant had applied for a loan of Rs. 31,000 whereas the complainant had only applied for a loan of Rs. 25,000/ -. It was further mentioned that these documents have wrongly been prepared in order to put obstacles in the way of the petitioner in obtaining the loan and thus to cause him financial loss. This complaint was filed on 7.7.84 in the Court of the Chief Judicial Magistrate, Pali. The learned Magistrate examined the complaint Ganga Singh Under Section 210 Cr. P.C. on 10 7.84 and the complainant produced two more witnesses Kishan Chand and Arjun Singh in his support Under Section 202 Cr. P.C. Some documents were also produced by the complainant to support his story. 21.7.84 after hearing the parties, the learned Magistrate took cognizance of the offences Under Section 504 and 167 IPC against the accused. This order is now under challenge before me.