Punjab-Haryana High Court
State Of Punjab vs Sachin Kumar on 25 April, 2014
CRM-M-NO. 24445 OF 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA, AT
CHANDIGARH
CRM-M-NO. 24445 OF 2010
Date of Decision: 25.04.2014
State of Punjab
...........Petitioner
Vs.
Sachin Kumar
.............Respondent
CORAM: HON'BLE MR. JUSTICE MAHAVIR S. CHAUHAN
Present: Mr. D.S. Virk, AAG, Punjab.
Mr. S.S. Narula, Advocate for the respondent.
MAHAVIR S. CHAUHAN, J. (ORAL)
The accused/respondent was summoned to face trial in FIR No. 224, dated 21.09.2006, by framing charge under Sections 420, 467,468,471 and 120-B IPC by learned Judicial Magistrate Ist Class, Ludhiana, vide order dated 22.12.2008. This order was challenged by the petitioner by way of Criminal Revision No. 02 of 06.02.2009 and the Court of learned Addl. Sessions Judge (Adhoc), Fast Track Court, Ludhiana, vide order dated 26.02.2010, reversed the order of learned Judicial Magistrate Ist Class, Ludhiana and discharged the respondent by observing that in the complaint moved by Tejinder Singh, no allegation was levelled against the respondent and even in the inquiries conducted by the EO Wing and the Incharge, Anti Fraud Staff, nothing was found against him.
It was also observed that in the statements of Harvinder Singh and Narinder Singh recorded under Section 161, Cr.P.C., though the respondent was named but there was no allegation of misusing the vat number by him. Even, the bilties, allegedly, exchanged by the respondent did not belong to Anjal Gupta 2014.05.01 16:53 I attest to the accuracy and integrity of this document high court chandigarh CRM-M-NO. 24445 OF 2010 2 the complainant Company.
Though, it is argued on behalf of the petitioner-State that very specific role has been attributed to the respondent but learned State counsel has not able to show any record showing culpability of the respondent in the commission of the offence. He has not been able to satisfy this Court that the findings recorded by the learned revisional court are perverse or are not in consonance with the evidence available on record.
Dismissed.
(MAHAVIR S. CHAUHAN) JUDGE April 25, 2014 Anjal Anjal Gupta 2014.05.01 16:53 I attest to the accuracy and integrity of this document high court chandigarh