In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 12664 of 2008 Date of Decision:February 13, 2009 M/s Arjan Dass Jiwan Kumar ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Sachin Mittal,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') seeking quashing of order dated 11.2.2008 (Annexure P-8) passed by Additional Sessions Judge (Ad hoc), Fast Track Court, Muktsar and order dated 20.4.2007 (Annexure P-7) passed by Judicial Magistrate, Muktsar. Learned counsel for the petitioner has submitted that the petitioner had filed suit for recovery of money based on a loan transaction. Reliance was placed on an entry dated 10.12.1997 in the Account Books. Additional Civil Judge (Sr. Div.) Malout has held that the said entry was forged and fabricated one. Suit of the petitioner was dismissed and FIR No. 94 dated 24.6.2003 under Sections 465, 471, 191, 192, 193 of the Crl. Misc. No. M- 12664 of 2008 -2- Indian Penal Code, Police Station Malout District Muktsar, was registered against the the petitioner . Thereafter appeal filed by the petitioner was allowed and it was held that the entry in question, was not forged and fabricated. The District Judge, Faridkot allowed the appeal and the suit of the petitioner for recovery was decreed vide order dated 2.12.2003 (Annexure P-2). Aggrieved by the same, defendant Harbans Singh filed an appeal before this Court and RSA No. 98 of 2004 was dismissed on 11.12.2007(Annexure P-3). Hence, learned counsel for the petitioner has submitted that the criminal proceedings could not go on. The contents of the FIR, in question, as mentioned in Annexures P-5 are as under:- “Subject: Registration of case against Jiwan Kumar s/o Ghansham Dass R/o Malout, Sale Proprietor M/s Arjan Dass Jiwan Kumar Commission Agents, Malout, as above named Jiwan Kumar S/o Ghansham Dass has committed forgery of the entry in the account book dated 10.12.1997 regarding giving of loan to one Harbans Singh s/o Gurdev Singh r/o vill. Alamwala, so, he was committed forgery, as defined under Section 463 of the Indian Penal Code. Since accused, Punishable under Section 465 of the Indian Penal Code. Since accused has used the said forged document before the court, so he has also committed the offence under Section 471 IPC and while giving wrong and false evidence qua this forged and fabricated document, he has also committed the offence u/s 191, 192 and 193 of the IPC or any other relevant provisions. Crl. Misc. No. M- 12664 of 2008 -3- So the investigation be conducted against said accused and FIR be registered under relevant provisions of law be and matter be reported to the court within period of one month. Sd/- Sub Divisional Judicial Magistrate, Malout.” Petitioner had filed suit for recovery against Harbans Singh. Copy of the judgment passed in the said civil suit is Annexure P-1. However, suit was dismissed on 12.6.2003 and while deciding issue No. 1 it was held by the Additional Civil Judge (Sr. Division), Malout that entry Ex. P.8 was forged and fabricated one and no loan of Rs. 1,00,000/- was advanced to the defendant on 10.12.1997 because there was no occasion for the same and also that there were no previous or future dealings between pliantiff and defendant. The appeal filed by the petitioner against the said judgment and decree was allowed by District Judge, Faridkot on 2.12.2003 (Annexure P-2). A perusal of the same reveals that in para 20 of the judgment it was held that plaintiff had advanced a sum of Rs. 1,00,000/- to the defendants and there was entry Ex. P-8 in his account book regarding the advancement of loan. The said entry was signed by the defendant and the same could not be said to be false and fabricated. The suit of the plaintiff for recovery of Rs. 1,36,000/- with proportionate costs throughout along with interest was decreed. Appeal filed by defendant Harbans Singh was dismissed by this Court on 11.12.2007(Annexure P-3). A perusal of the said order reveals that it was held that entries in the books of account which were produced in evidence as Ex. P.8 also did not show any abnormality. Crl. Misc. No. M- 12664 of 2008 -4- In these circumstances, since the entry, in question, due to which FIR was got registered by the Sub Divisional Judicial Magistrate, Malout has been held to be not forged and fabricated in civil proceedings, the continuation of criminal proceedings is nothing but abuse of process of Court. Accordingly this petition is allowed and impugned orders dated 11.2.2008 (Annexure P-8) passed by Additional Sessions Judge (Ad hoc), Fast Track Court, Muktsar and order dated 20.4.2007 (Annexure P-7) passed by Judicial Magistrate, Muktsar are quashed. Consequently, the petitioner stands discharged. (SABINA) JUDGE February 13, 2009 PARAMJIT