JUDGMENT

Jasjit Singh Bedi, J. (Oral) - The prayer in the present petition under Section 482 Cr.P.C. is for the quashing of FIR No.107 dated 27.04.2017 under Sections 406 /419/420/465/467/468/471 and 120-B IPC registered at Police Station Dera Bassi, District SAS Nagar, Mohali, order framing charges under Sections 406 , 419, 420, 465, 467, 468, 471, 120-B, 201 IPC dated 14.07.2017 (Annexure P-5), the charge-sheet dated 14.07.2017 (Annexure P-5/1) and all subsequent proceedings arising therefrom.

2. The brief facts of the case are that FIR No. 107 dated 27.04.2017 under Sections 406 /419/420/465/467/468/471 and 120-B IPC, Police Station Dera Bassi, District SAS Nagar, Mohali, came to be registered at the instance of respondent No.3-Jaswinder Kaur, daughter of Asa Singh against Jasmer Singh son of Ajit Singh, Jaspal Kaur wife of Jasmer Singh, Pritpal Singh son of Surmukh Singh and Manjit Kaur wife of Piara Singh. The allegations as extracted from the FIR against the petitioner-Jaspal Kaur and the co-accused are as under:-

'Jasmer Singh resident of Bal Majra took me to the courts at Rajpura on 18.1.2007. He got the loan of Rs.5,80,000/- from State Bank of Patiala, Khera Gajju Branch, Account No. 65014952087 whereas at the house, he had told for raising a loan of Rs 2,00,000/-, I did not read those papers. The bank officials by visiting the office of the Sub Registrar, Rajpura, got the deed executed for Rs.5,80,000/- in favour of the bank. I was told nothing about it. When I reached home, he came to our house after 2-3 days and enquired from him as to what was the object of recording of Rs.5,80,000/-. He told me that he was her real brother and that there would not be any cheating with her. Thereafter, I kept mum. Now I have come to know that he had done 420 (cheating) with me. When I got the fard of my land, I found that there was an entry of the raising of the loan of Rs 5,80,000/- and it pertained to the Bank branch of Gajju Khera. Reaching there, I and my sister's husband met the manager and checked the record of the bank and found attached a copy of the sale deed and my Aadhar card. He got pasted a joint photo with his wife and got all the signatures of his wife in my place in the bank. And there, by pasting a joint photo of his wife, he has committed cheating whereas the loan was in my name and the address of mine should have been there. He has given the address of Jaswinder Kaur and Jasmer Singh residents of village Bal Majra, Post office, Buha, Tehsil Rajpura, Distt. Patiala and got the entire documents signed from his wife in my place. He himself has been withdrawing the amount and depositing the same himself. On 31.01.2015, he got account No. 65014952087 closed and again got made a fresh limit and its account number is 65014952724. He got a loan of Rs.3,89,000/- by pasting the photo of his wife and here also, he has committing 420 (cheating). In this regard. I gave a letter to the manager and a copy thereof is attached. This was about the committing of cheating by Jasmer Singh and his wife'.

The allegations are that Jasmer Singh, the husband of the petitioner took a loan of Rs.5,80,000/- from State Bank of Patiala, Gajju Khera Branch and he had got pasted a joint photograph of himself with his wife-Jaspal Kaur (petitioner) and Jaspal Kaur had signed in place of the complainant on all the necessary documents of the Bank. The loan was in the name of the complainant but a joint photograph of the petitioner and her husband-Jasmer Singh, had been affixed on the Bank record and the address was given of village Bal M