IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-16895 of 2011 (O&M) Date of decision: 30th May, 2011 Sukhdev Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Rajeshwar Singh, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. praying that the order (Annexure P-5) dated 1st August, 2009 passed by the Court of Judicial Magistrate (1st Class), Amritsar be quashed. Respondent No.3-aggrieved wife had instituted a complaint under Section 125 Cr.P.C. The salary certificate (Annexure P-1) of the petitioner was produced. The complaint (Annexure P-2) was filed by the petitioner-husband against his wife and the teacher who had issued the salary certificate (Annexure P-1) on the ground that both of them connived with each other and the salary certificate was issued by respondent No.2, who is posted as a teacher in the School and not as a Headmaster. Thus, it is stated that the salary certificate (Annexure P-1) could not be issued by respondent No.2. Criminal Misc. No. M-16895 of 2011 (O&M) The summoning Court after examining the evidence, came to a conclusion that nowhere it has been averred that the salary certificate was forged. Counsel for the petitioner has stated that even if the salary certificate (Annexure P-1) was not forged the petitioner had not received the salary of that period, therefore, wrong orders were passed by the Court granting maintenance to the wife. Whether the salary was received by the petitioner or not, is a question of fact. There is no doubt that the salary certificate (Annexure P-1) was not forged. Even though respondent No.2 was not competent to issue the salary certificate and had acted on behalf of the Headmaster of School, it cannot be said that any offence for which the complaint (Annexure P-2) was filed has been committed by the accused. The trial Court has rightly come to the conclusion that no ground is made out to summon the aggrieved wife and the teacher, who had issued the salary certificate. The revisional Court has also upheld the findings returned by the trial Court. No exceptional circumstances are made out to disturb the well reasoned findings returned by both the courts below. Hence, the present petition stands dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE May 30, 2011 rps 2