Crl.M.No.M-28086 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.M-28086 of 2010 Date of decision:24.9.2010. Sanjay Ratti ` ..............................Petitioner v Anti Corruption Society and another. ................................Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.HS Sethi,Advocate for the petitioner. JASWANT SINGH,J. Present petition under section 482 Cr.PC has been filed for quashing of orders dated 8.1.2009 and 30.8.2010 passed by JMIC, Chandigarh. The petitioner, who is employed as Junior Engineer in Irrigation Department,Punjab had filed a complaint under Section 500 and 501 IPC against Anti Corruption Society (Registered) (for short the Society), through its President and (2) Sh.Chander Mohan, Vice President of the said Society, alleging therein that the said society had made false complaint to his employer i.e. Irrigation Department, Punjab. It was case of the petitioner that respondents had in said false complaint levelled allegations of corruption against him. The said Crl.M.No.M-28086 of 2010 2 complaint was enquired into by Vigilance Bureau and petitioner was found innocent. In the complaint under Sections 500 and 501 IPC, petitioner appeared as CW-2 besides producing one Bal Krishan. On the basis of evidence produced by the petitioner, the learned JMIC passed summoning order dated 8.1.2009 only against respondent/accused no.2(Chander Mohan, Vice President of the Society. Aggrieved against non-summoning of the society through its president, petitioner filed an application for recalling the order dated 8.1.2009. The learned JMIC, vide order dated 30.8.2010 dismissed the said application filed by the petitioner. Hence the present petition. It is submitted by the learned counsel for the petitioner that the Society being a separate legal entity was required to be summoned alongwith Vice President of the Society, as the letters were written on the letter head pad of the society. After hearing the learned counsel for the petitioner, I find no merit in the instant petition. I have gone through the complaint dated 22.9.2006 (P6) made against the petitioner. A perusal of the same reveals that no doubt the complaint has been written on the letter head pad of the society but it bears signatures of only Chander Mohan, Vice President of the Society. The said complaint does not bear signatures of President or other office bearers of the Society to show that it was collectively made on behalf of the Society. The petitioner has placed no Crl.M.No.M-28086 of 2010 3 resolution of the Society to show that a decision had been taken by the Society to make the said complaint or authorising the Vice President- Respondent no.2 to make such a complaint so as to incur any responsibility or liability for such a complaint. It is evident from the material placed on record that it was respondent no.2- Chander Mohan, who in his personal capacity had used the letter pad of the Society and made such a complaint. In my opinion, it is only the author of the complaint who can be sued and not the Society and thus, the learned JMIC has rightly issued summons against accused/respondent no.2 only. No fault can be found with the impugned orders warranting interference by this Court in exercise of its jurisdiction under Section 482 Cr.PC. Dismissed. 24.9.2010. (JASWANT SINGH) joshi JUDGE