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2013 DIGILAW 803 (PNJ)

Vinod Kumar Dhawan v. Harnarain Singh

2013-07-02

Sabina

body2013
JUDGMENT Mrs. Sabina, J.:- Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.’) seeking quashing of the criminal complaint No.117/09 dated 24.01.2008 (Annexure P-12) titled as Harnarain Singh Vs. Vinod Kumar Dhawan and Anr. and the summoning order dated 15.07.2011 (Annexure P- 20). 2. Learned counsel for the petitioners has submitted that the petitioners are retired bank officials. Respondent took loan from the the bank. Complaint in question had been filed by the complainant levelling allegations that he had not signed the application dated 30.06.2007 seeking conversion of the loan. The Trial Court had sought report under Section 202 Cr.P.C. However, the report submitted by Assistant Sub-Inspector, CIA Staff (Annexure P-18) was not considered while passing the summoning order. 3. Learned counsel for the respondent, on the other hand, has opposed the petition. 4. In the present case, admittedly, complainant had initially sought house loan from the Bank and then cash credit limit. As per the Bank, complainant had sought conversion of the loan vide letter dated 30.06.2007, whereas, the complainant had denied having made any such application. Complainant led his preliminary evidence in support of his complaint. The Trial Court sought report from the concerned Station House Officer by invoking provisions under Section 202 Cr.P.C. The said report prepared by Assistant Sub-Inspector, CIA Staff dated 27.01.2009 has been placed on record as Annexure P-18. As per the said inquiry report, it was found that complainant had signed various documents including stamp papers while seeking conversion of the loan. A perusal of the impugned summoning order dated 15.07.2011 reveals that the report Annexure P-18 has not been considered by the Trial Court while passing the summoning order. The Trial Court was required to have referred to the report submitted under Section 202 Cr.P.C. to arrive at a just decision while passing the summoning order. The fact that the report Annexure P-18 has not been considered while passing the summoning order has caused great miscarriage of justice to the petitioners. 5. Accordingly this petition is partly allowed. Impugned summoning order dated 15.07.2011 (Annexure P-20) is set aside. Trial Court is directed to pass a fresh order in accordance with law after considering the report (Annexure P-18) submitted under Section 202 Cr.P.C. ----------------------