1 IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA Cr.MMO No. 9 of 2004. Judgment reserved on: 30.7.2008. Date of Decision : August 12 ,2008. ____________________________________________________________ Banwari Lal. Petitioner. Versus Rajinder Parshad Sharma and another. Respondents. Coram Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? No. For the Petitioner : Mr. Rakesh Jaswal, Advocate with Mr. Vikas Rathore, Advocate. For the respondents : Mr. Vikas Bhardwaj, Advocate for respondent No.1. Mr. J.S. Guleria, Law Officer, for respondent No.2. ______________________________________________________________ Surinder Singh, J. The respondent-complainant is a Youth Organizer, posted in District Youth Services ad Sports Office, Kangra at Dharamshala. In the year 2001, he was the President of the NGOs Federation. He filed a complaint against the petitioner herein alongwith nine others under Section 500 read with Section 109 of the Indian Penal Code in the court of Chief Judicial Magistrate, Dharamshala, which was assigned to Judicial Magistrate Ist Class (II), for disposal in accordance with law. The transferee court recorded the preliminary evidence and found sufficient grounds to put the notice of accusation against the respondents including the present petitioner. The petitioner unsuccessfully assailed the order of leaned trial court in revision petition No.6-D of 2003 in the court of Sessions, which was dismissed vide a detailed ode dated 7.11.2003. Whether reporters of the Local papers are allowed to see the judgment? Yes. 2 Feeling aggrieved and dissatisfied by the impugned order, the petitioner preferred the present petition under Article 227 of the Constitution of India for quashing and setting aside the orders of the courts below, on the grounds that the learned Additional Sessions Judge has wrongly affirmed the Notice of Accusation against the petitioner for the offences aforesaid and contended that the complainant did not attribute any conduct constituting the offence against him. Heard. Shri Rakesh Jaswal, learned counsel appearing for the petitioner has forcefully argued that there was nothing in the material placed in evidence before the trial court against the petitioner, therefore, both the courts below have wrongly exercised the jurisdiction vested in them, therefore, the error is requested to be corrected by quashing the notice against the petitioner. Contra, the learned counsel for the respondents have supported the impugned orders. I have gone through the records of the case in detail. As a matter of fact, the petitioner is a signatory at serial No.5 of the complaint Ex.CW1/A, addressed to the Deputy Commissioner, which reads as under:- “To The Deputy Commissioner, Kangra at Dharamshala. Subject: Fraud by Shri Rajinder Prashad Sharma, Distt. Youth Organiser O/O The Distt. Sports Officer Dharamshala by collecting Public Money under the name and style of “Dhanvarsha Forest (India) Ltd.” Sir, In this connection it is submitted to your goodself that Shri Rajinder Prashad Sharma (R.P.Sharma) Distt. Youth Organiser presently working in the O/O The Distt. Sports Officer Kangra at Dharamshala and was previously placed under suspension about two 3 years back by the Deptt., has been working for the above said firm in the name of his wife Mrs. Adarsh- Vijay, who was said to be one of managing Director/ Agent of the firm. It would be of great advantage to mention here that the firm, “Dhanvarsha Forests (India) Ltd. belongs to one of his relative Shri Vaneet Joshi S/o Shri Jai Ram Joshi, Advocate, resident of Section 15-C Chandigarh. It was Mr. Rajinder Prashad Sharma, who introduced the above firm in Distt. Kangra mane Agents, opened all the branches in Distt. Kanga and collected public Money under different attractive schemes. Now all these branches have been closed. He refused to pay the amount of matured schemes. Even the post-dated cheques have been dishonoured by the banks. Copy of dishonoured cheque is attached herewith. He straightway ask the policy holders to go to the Court for realizing their claims. He also threat the policy holders with dire consequences, since on of his elder brother is a retired Sessions Judge and he himself is the President of Kangra Distt. NGOs. He also claims good contacts in the H.P. Govt. ad declare, nobody can dare to touch him. It is, therefore requested that an appropriate action against the default may kindly be taken and case under I.P.C. may be registered for committing fraud and misappropriation of Public Money. Thanking you, Yours faithfully, (1) Sd/- Ashwani Guleria. (2) Sd/- Vijay Laxmi. (3) Sd/-Anu Aggarwal. (4) Sd/-Prashat Bansal. (5) Sd/-Banwari Lal (petitioner) (6) Sd/-Anil Kumar. (7) Sd/-Rajeev Kaistha. (8) Sd/-Desh Raj Sharma (9) Sd/-Ranesh Guleria (10) Sd/-Vidya Devi.” 4 Its copies were forwarded to the (i) Secretary, Youth Services and Sports, H.P. with a request to take action, (ii) Director Youth Services and Sports, (iii) Superintendent of Police, Kangra at Dharamshala, (iv) District Sports Officer, Kangra and also to (v) the Press, which was published in two dailies i.e. Amar Ujala on 2.11.2000 and Ajeet Samachar on 3.11.2000. The name of the complainant-respondent has not been mentioned therein, except his designation and the substance of the complaint was published in the aforesaid newspaper the copy which was endorsed to the District Sports Officer was marked to the respondent, for information which is Ex.CW1/A. The police also initiated the action on the said report, but did not find any substance therein, as stated by ASI Yash Paul (CW5). Shri A.K. Mehta, Zonal Secretary of the NGOs Federation also sent a letter Ex.CW1/D to the respondent to the effect that after reading the newspaper he felt shocked and stated that the respondent was elected as a President because of his character, integrity and numerous other qualities, but somebody had tried to tarnish his image and he should proceed against them legally. A copy of the said letter was endorsed to the Editors of aforesaid dailies with a request to supply the name and addresses of the source at whose instance the said news items were published. After issuing the process against the accused, the respondent besides examining himself also examined said Shri A.K. Mehta, the Zonal Secretary of NGO’s, he proved his letter Ex.CW1/D, Prahalad Verma Incharge of Amar Ujala at Dharamshala. 5 On considering the record, I find that the complaint Ex.CW1/A, news items Ext.PW1/B and C, coupled with the statements of the complainant and his witnesses is prima-facie enough to put the notice of accusation. The petitioner herein is one of the signatory of the complaint Ex.CW1/A, he did not deny that he was not a party to it. The said complaint was found to be baseless by the police investigating agency. Thus, there is sufficient material against the petitioner/accused to go in for trial. Thus, I do not find any infirmity in the orders of the courts below, nor there is any jurisdictional error. Therefore, the petition is dismissed. The parties herein are directed to be present before the trial court on 9.9.2008. The record of the courts below be returned forthwith. August 12,2008. (Surinder Singh) ( Pds ) Judge.