IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1. CRR 1641 of 2019 Date of Decision:12.05.2025 Mona A Sreenivas ...Petitioner Versus The State of Haryana ... Respondent

2. CRR 1716 of 2019 Tekan Raj ...Petitioner Versus State of Haryana ... Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. P.S. Ahluwalia, Advocate for the petitioner in CRR-1641-2019.

Mr. Ashish Gupta, Advocate for the petitioner in CRR-1716-2019.

Mr. Rajinder Kumar Banku, DAG, Haryana.

N.S.SHEKHAWAT , J.

1. This order shall dispose off two connected revision petitions, i.e., CRR-1641 of 2019 titled as “Mona A. Sreenivas Vs. The State of Haryana” and CRR-1716 of 2019 titled as “Tekan Raj Vs. State of Haryana” as both the petitions have been preferred before this Court against the same impugned order dated 04.07.2019 passed by the Court of Additional Sessions Judge, Kaithal, whereby, the application under Section 319 Cr.P.C. for summoning the petitioners as additional accused, was allowed.

2. The brief facts, which are necessary for the adjudication of the controversy involved in the present case, are that on 28.04.2012, an official letter was sent by the Additional Deputy Commissioner, Kaithal, for registration of a criminal case against Inderjit Singh, main accused, who was working as an employee/accountant in the office of DRDA under a scheme, i.e., Total Sanitation Campaign from 24.10.2008 to 26.04.2012. As per the record, Inderjit Singh had worked as a clerk as well as an accountant since 17.03.1998 in the office of Zila Parishad, Kaithal and had dealt with various government schemes upto 10.04.2012. The complainant orally directed him to produce the record and also issued office orders No. 53/59 dated 10.04.2012 to Inderjeet Singh to produce the record, but he did not comply with the orders. Since, he had failed to discharge his official duties, he was placed under suspension by the Deputy Commissioner, Kaithal, vide order dated 26.04.2012. During this period, a Committee was constituted consisting of Dalip Singh, Accounts Officer, Sarv Sikhsha Abhiyan, Kaithal, Yashpal Mishra, Accounts Officer, Zila Parishad Kaithal and Rakesh Kumar, Accountant, Sarv Sikhsha Abhiyan, Kaithal to verify the official record. As per the inquiry report prepared by this Committee, it was discovered that Inderjit Singh had committed forgery in various signed cheques, withdrew the excess amount as against the amount shown in cash book and vouchers for his personal profits and as such, he had forged and fabricated the public record and had misappropriated huge government funds. The Committee also found various irregularities in the withdrawal of cash amount and filling of amounts in various cheques. It was also found that the cash withdrawn from different banks on the basis of forged cheques, was misappropriated by him. After the registration of the FIR, the investigation progressed and in the report under Section 173 Cr.P.C., the IO referred 44 cheques, in which the forgeries were committed and huge amounts were withdrawn from the banks and were misappropriated by Inderjit Singh. Even, the original cheques alongwith documents were collected from HDFC bank, Punjab National Bank and Oriental Bank of Commerce by the police, whereas the bill vouchers prepared by Inderjit Singh accused were collected from the Office of Zila Parishad. The statements of various witnesses were also recorded. The police also recovered the photocopies of dispatch register, service book, personal file alongwith SPR from the office of Additional Deputy Commissioner, Kaithal. Even, as per the disclosure statement of Inderjit Singh, he had disclosed his assets of Rs.1,31,10,000/-, which led to addition of the offence under Section 13(1) of the Prevention of Corruption Act, 1988 also (hereinafter to be referred as ‘the PC Act’). After collecting the cheques, the same were sent to the FSL, Madhuban for comparison and after conclusion of the investigation, charge sheet was filed only against I