2023:PHHC:046954

IN THE HIGH COURT FOR STATES OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR-3201-2015 (O&M)

Date of Decision: 29.03.2023

Kawaljit Singh Walia

…………..Petitioner

Versus

State of Punjab

………....Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. R.S.Bains, Senior Advocate, with

Mr. Aman Raj Bawa, Advocate, for the petitioner.

Mr. Luvinder Sofat, DAG, Punjab.

GURVINDER SINGH GILL, J.

1.

The petitioner assails order dated 10.08.2015 passed by the learned

Additional Sessions Judge, SAS Nagar (Mohali) vide which application

dated 06.08.2015 (Annexure P-10) moved by the petitioner (accused)

seeking permission to summon 43 witnesses in his defence has been

declined.

2.

A few facts necessary to notice are that the FIR in question i.e. FIR No.7

dated 01.11.2011, Police Station Vigilance Bureau, Flying Squad-I,

Punjab at SAS Nagar (Mohali) under Section 8 of the Prevention of

Corruption Act and Sections 420, 467, 471 IPC (Annexure P-1) was

lodged at instance of Sukhjit Singh, wherein it has been alleged that he is

VIMAL KUMAR

2023.03.29 16:41

I attest to the accuracy and

authenticity of this document

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CRR-3201-2015 (O&M) 2023:PHHC:046954

running two immigration centres under the names & style of ‘Mission

Abroad Education Pvt. Limited’ and ‘Visa Point’ at Mohali and

Chandigarh respectively. It has been alleged that he used to send students

to various countries and also used to facilitate issuance of business visas

as well as tourist visas. However, when visas used to be rejected, the

same adversely affected his business. The complainant alleged that

Kawaljit Singh Walia (petitioner) represented that he could help the

complainant in getting visas issued and clearing IELTS, as he had

acquaintance in the high offices. Kawaljit Singh Walia (petitioner) is

alleged to have demanded an amount of Rs.5 lakhs for getting clearance

in respect of IELTS and Rs.8 lakhs for getting visas issued. The

complainant alleged that in January, 2011, he paid an amount of Rs.5

lakhs to Kawaljit Singh Walia (petitioner) for the purpose of getting

clearance of IELTS in respect of one Vijay Saini, which was got issued by

the petitioner. Subsequently, in first week of June, 2011, the complainant

requested Kawaljit Singh Walia (petitioner) to get visas issued for Vijay

Saini, Daljit Kumar and Aman Kumari and handed over their passports to

the petitioner and also an amount of Rs.6 lakhs as advance, but the visas

were rejected. When the complainant got the IELTS certificate in respect

of Vijay Saini verified, the same was found to be fake. It has, thus, been

alleged that the petitioner had cheated the complainant of huge amount.

3.

The matter was investigated and challan was presented against the

petitioner. After framing of charges, the prosecution led its evidence.

Thereafter, statement of the accused in terms of Section 313 Cr.P.C.

(Annexure P-2) also stands recorded on 19.12.2014. In the statement

recorded in terms of Section 313 Cr.P.C., the petitioner while denying all

VIMAL KUMAR

2023.03.29 16:41

I attest to the accuracy and

authenticity of this document

( 3 )

CRR-3201-2015 (O&M) 2023:PHHC:046954

the incriminating circumstances against him has raised a defence plea in

the shape of his explanation running into 21 pages, wherein various

allegations have been leveled against the Police officials and Judicial

Officers so as to plead that he has been falsely implicated.

4.

Subsequently, the petitioner moved an application dated 27.07.2015

(Annexure P-8) seeking summoning of 34 witnesses, which was

dismissed by the trial Court vide order dated 27.07.2015 (Annexure P-9),

as the purpose of summoning the witnesses was not mentioned therein.

However, the