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ABHAY S. OKA, UJJAL BHUYAN
Shiv Jatia – Appellant
Versus
Gian Chand Malick – Respondent
JUDGMENT :
ABHAY S. OKA, J.
FACTUAL ASPECTS
1. The appellant in Criminal Appeal no.776 of 2024 is the accused no.2 in the complaint filed by the 1st Respondent-complainant under Section 200 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.PC’) alleging the commission of offences under Sections 420, 406, 467, 468 and 472 read with Section 120B of the Indian Penal Code, 1860 (for short, ‘the IPC’) and Section 13 of the Essential Commodities Act, 1955. The appellants in Criminal Appeal no.777 of 2024 are the accused nos.1, 4 and 5 in the same Complaint. The appellants in these two appeals filed a petition under Section 482 of the Cr.PC before the High Court of Punjab and Haryana at Chandigarh for quashing the said complaint and for quashing the summoning order dated 16th July 2013 passed on the said complaint. The High Court, by the impugned judgment dated 25th August 2014, dismissed the said petition.
2. On 23rd September 2002, under the Liquified Petroleum Gas (LPG) Distributorship Agreement (for short, ‘the Distributorship Agreement’), the accused no.1 – M/s.Energy Infrastructure (India) Limited (for short, ‘the accused company’) appointed the 2nd respondent-accused no.7 (A
Order issuing process has drastic consequences – Such orders require application of mind – Such orders cannot be passed casually.
The amendment to Section 202 of the Cr.P.C. mandates that a Magistrate must conduct an inquiry before issuing summons against an accused residing outside the jurisdiction, to prevent false complaints....
The court upheld the trial court's decision to issue summons based on specific allegations of cheating and forgery, affirming the necessity of a prima facie case without quashing the proceedings.
Summoning of accused in a criminal case is a serious matter – Criminal Law cannot be set into motion as a matter of course – In order issuing summons, Magistrate has to record his satisfaction about ....
The main legal point established in the judgment is that a civil dispute does not get converted into a criminal offence without satisfying the essential elements of the alleged provisions, and there ....
A second complaint on the same cause of action after acceptance of a final report is maintainable only in exceptional circumstances; summoning orders must reflect judicial application of mind.
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