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PUNJAB AND HARYANA HIGH COURT
TRIBHUVAN DAHIYA
Monica Widhani – Appellant
Versus
Ram Niwas Agrawal – Respondent
JUDGMENT :
Tribhuvan Dahiya, J.
All these petitions are being decided together as the issue involved in all these pertains to the criminal complaint case no.445-1, dated 24.12.2007, titled Ram Niwas Agrawal v. Narinder Singh Lamba and others, under Sections 420, 467, 468, 471, 120-B, 218 and 506 of IPC, pending before the Court of Sub Divisional Judicial Magistrate, Hansi. For brevity, the facts are being taken from CRM-M-1340-2011, which has been filed for setting aside the said criminal complaint, Annexure P-10, as also the order dated 02.11.2010, Annexure P-1, whereby the petitioners have been summoned to face trial for the aforementioned offences.
2. Briefly, the facts relevant to decide these petitions are:
2.1. In 1970 the dealership of retail petroleum outlet M/s Sukhbir Brothers was reconstituted with M.S. Lamba and P.K. Chaudhury as partners, as Sukhbir was going out of the dealership. After the reconstitution, the name of dealership was changed to M/s Haryana Auto Service. In 1976, one of the partners, M.S. Lamba, died and the other one, P.K. Chaudhury, resigned from the partnership. Accordingly, on 17.06.1976, with the consent of Bharat Petroleum Corporation Limited (for sho
Order issuing process has drastic consequences – Such orders require application of mind – Such orders cannot be passed casually.
The central legal point established in the judgment is the application of fraud and criminal misrepresentation under Sections 420/468/471 of the Indian Penal Code in the context of a partnership agre....
Court reaffirmed that adequate notice must be given to informants, and judicial directions for investigation should respect the discretion of the police, ensuring procedural fairness.
Misrepresentation leading to financial loss constitutes fraud under IPC, validating the need for charges under Sections 420, 468, and 471.
The court quashed the FIR due to lack of necessary legal standing and the excessive delay in filing, indicating abuse of the judicial process.
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