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2008 Supreme(P&H) 1698

M.M.S.BEDI
B. P. Bansal – Appellant
Versus
Mohinder Kumar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Mansur Ali, Advocate with Mr. H.S. Deol, Advocate.
For the Respondent:Mr. Mohinder Kumar, In person, Advocate.

JUDGMENT

M.M.S. Bedi, J. - This petition has been filed by three Advocates of Ludhiana under Section 482 Criminal Procedure Code challenging the validity of order dated May 23, 2005 (annexure P-5) passed by Additional Sessions Judge, Ludhiana while deciding a revision petition titled Mohinder Kumar v. B.P. Bansal and others. Vide order dated May 23, 2005, annexur P-5, the revisional Court has set aside the order dated February 7, 2005 passed by Judicial Magistrate Ist Class, Ludhiana, dismissing the criminal complaint filed by the respondent at summoning stage.

2. For the just decision of this petition, a reference to the relevant facts is necessary. The respondent-Mohinder Kumar had filed a complaint dated August 28, 2004 in the Court of Judicial Magistrate Ist Class, Ludhiana, on September 24, 2004, alleging that the petitioners in the capacity as Advocates had committed fraud by signing for one another in Labour-cum-Conciliation Office, Circle 6, Ludhiana, whereas they were not even permitted by law under Rule 36 (3) of the Industrial Disputes Act, 1947, to be present for conciliation. The signatures given in documents in Labour Court by petitioner B.P. Bansal and Manoj Bansal d


















































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