CRM No. M-1378 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh CRM No. M-1378 of 2010 (O&M) Date of decision: 27.4.2010 Ravi Kumar Gupta ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.K.Arora, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure (“Cr.P.C” for short) for quashing of order dated 24.7.2009 (Annexure P-5) passed by the Additional Chief Judicial Magistrate, Gurdaspur, whereby the petitioner has been summoned to face trial under Section 420 and 120-B of the Indian Penal Code in case FIR No.141 dated 27.8.2008 under Sections 420 and 34 IPC registered at police station Dhariwal, District Gurdaspur and all subsequent proceedings arising thereto. Learned counsel for the petitioner has submitted that the petitioner had lodged the FIR on coming to know that inadvertently Ashok Kumar Attri had made the payment to Sukhwant Kaur. The petitioner had neither cleared the cheque submitted by Sukhwant CRM No. M-1378 of 2010 (O&M) 2 Kaur nor had any role to play in this regard. The petitioner had merely lodged the FIR on coming to know about the mistake committed by the bank official. In para 2 of the reply on merits, filed by the State, it has been averred as under:- “ That in reply to para No.2 of the writ petition, it is submitted that M/s Vikram Traders through its proprietor Vikram Pal son of Om Parkash resident of Dhariwal obtained a cash credit limit of Rs. 3,25,000/- from the State Bank of India Dhariwal Branch District Gurdaspur vide account No.11041855334. The said Vikrampal availed the entire limit by withdrawing the total amount of Rs. 3,25,000/-. The said Vikram Pal and Sukhwant Kaur wife of Harnek Singh, resident of village Langha Jattan Tehsil and district Gurdaspur hatched a conspiracy and prepared a cheque bearing No.286884 dated 15.12.2007 for Rs.6,80,000/- in favour of Sukhwant Kaur with the common intention of defraud the Bank and get wrongfully loss to the Bank. The said Sukhwant Kaur presented the cheque through her banker. The Gurdaspur Central Co-operative Bank Ltd. Branch office Langha Jattan for encashment and the said cheque was inadvertently passed by Sh.Ashok Kumar Attri Deputy Manager, State Bank of India Dhariwal Branch District CRM No. M-1378 of 2010 (O&M) 3 Gurdaspur on 20.2.2008. On 28.2.2008 the petitioner informed the Central Co-operative Bank Ltd. For stopping the payment to Sukhwant Kaur, but by that Sukhwant Kaur had illegally withdrawn Rs.3,00,000/- from the total amount of Rs.6,80,000/-. The payment regarding amount of Rs.3,80,000/- was stopped by Gurdaspur Central Co- operative Bank Ltd. On 29.2.2008. The petitioner submitted an application to the Sr.Superintendent of Police, Gurdaspur for giving direction to Station Head Officer to register the case. On the basis of that application FIR No.141 dated 27.8.2008 under Section 420 and 34 IPC was registered at Police Station Dhariwal against Vikram Pal and Sukhwant Kaur. After registration of the FIR the matter was investigated by the police, after completion of the investigation a prima facie case under Section 420 IPC against Sukhwant Kaur is made out and resultantly challan was presented against her in the Hon'ble Court and the name of Vikram Pal was kept in column No.2 of the report submitted under Section 173 Cr.P.C. It is submitted that learned Courts are competent to summon any person for facing trial keeping in view the facts and circumstances of the case for the ends of justice. So there is no illegality in summoning the petitioner by the learned Court.” CRM No. M-1378 of 2010 (O&M) 4 A perusal of the impugned order reveals that the challan had been presented against accused Sukhwant Kaur. Vikram Pal was placed in column No.2. The petitioner had lodged the complaint that cheque had been inadvertently cleared by their branch. It is evident from the written statement filed by the State that cheque had been passed by Ashok Kumar Attri, Deputy Manager, State Bank of India, Dhariwal Branch, District Gurdaspur on 20.2.2008. The petitioner had, thus, not cleared the cheque and had merely informed the police authorities regarding the mistake committed by Ashok Kumar Attri. It appears that the trial Court has summoned the petitioner to face the trial under Section 420 /120-B IPC merely on the basis of suspicion. At this stage, there is no material available before the trial Court against the petitioner, which would warrant summoning of the petitioner to face the trial. If at a later stage, any material is available during trial against the petitioner, the trial Court would be free to proceed against the petitioner in accordance with law. However, at this stage, the petitioner could not have been summoned to face the trial merely on the basis of suspicion. Accordingly, this petition is allowed and the impugned order dated 24.7.2009, qua summoning of the petitioner, is set aside. (SABINA) JUDGE April 27, 2010 anita