Prithipal Singh vs . The State C.R. No. 114/13 on 22 July, 2013
7 IO of the case had placed on record the receipts which bear
signatures of the complainant / revisionist and were sent to CFSL and as
per the expert opinion the signatures on the receipt are signatures of the
complainant / revisionist. It was also admitted that by the complainant /
revisionist that the receipts were signed by him in the office of accused.
Further, the complainant / revisionist has not alleged any forgery. As the
complainant / revisionist himself is not denying his signatures on the
documents nor is he alleging any forgery on the part of the accused,
remedy available to him was suit for recovery of the amount. It is also
important to note that a case is pending against the complainant for
stabbing the accused vide case FIR No. 407/05 U/s 326/452/506 IPC. Ld.
Trial Court has also rightly pointed out that there is no plausible reason as
to why complainant / revisionist remained silent for about 5/6 years if he
had not received the alleged amount. Ld. Trial Court has correctly
observed that the complainant / revisionist wants to keep the matter
pending just to pressurize the accused for the case pending against
complainant / revisionist vide FIR No. 407/05 and has rightly dismissed the
4
Prithipal Singh Vs. The State C.R. No. 114/13
protest petition of the complainant / revisionist and accepted the closure
report filed by the IO. It is found that the order dated 26.02.2013, passed
by Sh. Mukesh Kumar, Ld. ACMM, Saket Courts, New Delhi is well
reasoned and based on thorough discussion of facts of the case and there
is no ambiguity in the provisions of law or its application by Ld. Trial Court.
I find no merits in the revision and impugned order does not require any
interference. The revision petition is accordingly dismissed.
8 The Trial Court record be sent back alongwith a copy of the
order. File be consigned to record room after due compliance.
Announced in the open Court
on 22 day of July, 2013
nd
(RAJ RANI MITTRA)
Addl. Sessions Judge03/SE
Saket Courts, New Delhi.