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2009 Supreme(SC) 609

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P.SATHASIVAM
Chaman Lal – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared: For the Appellants:U.U. Lalit, Sr. Advocate, Aloke K. Sengupta, Mrinal K. Mandal, S. Mukherjee, D. Samanta, Anupam Lal Das, Advocates. For the Respondents:Kuldip Singh, R.K. Pandey, Sanjay Katyal, Advocates.

Judgment :

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of a learned Single judge of the Punjab and Haryana High Court dismissing the Criminal Revision i.e. Criminal Revision No.512 of 2000 filed by nine petitioners, who are the appellants in this Appeal. Before the High Court the challenge was to the order passed by learned Additional Chief Judicial Magistrate, Ludhiana framing charges for alleged commission of offences punishable under Section 409 read with Section 120B and Section 420 read with Section 120 B of the Indian Penal Code, 1860 (in short the ‘IPC). The High Court dismissed the revision petition on the ground that there are sufficient grounds to presume that the unrebutted evidences of the complainant constitute triable offences.

2. Background facts as projected by appellants in a nutshell are as follows:

In February, 1987 the complainant and his five family members executed General Power of Attorney (in short the ‘GPA) at Canada in favour of Manvinder Singh and subsequently the said GPA was registered with the Commissioner of Ferozepur, Punjab. The GPA stated that the GPA holder can do anything on behalf of the complainant which he can lawfully


































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