KULVINDER KOUR Vs. DALJEET SINGH AND ORS

JUDGEMENT

(1.) The instant Criminal Revision has been preferred against order dated 07.02.2014 passed by the learned Principal Sessions Judge, Samba in File No.18/Session a case titled "State v Daljeet Singh and another? whereby the trial court has discharged respondent No.1-accused (Daljeet Singh) from the offences under Sections 419/420/465/467/468/471 RPC leveled against him.

(2.) The petitioner being aggrieved of the impugned order has challenged the same in the instant criminal revision on the following grounds:

(3.) Briefly the case of the prosecution is that on 28.01.2013 a complaint was moved by the complainant Kulvinder Kour W/o Jagdeep Singh R/o At present Vijaypur Tehsil and District Samba, before the court of CJM, Samba, which came to be transferred to the court of Munsiff, JMIC, Samba, who, in turn forwarded the same to the SHO P/S Ramgarh under section 156 (3) Crimial P.C. In the complaint, it was alleged that the marriage between the petitioner and respondent No.2 was solemnized in accordance with Hindu Rites and customs on 29.11.2007 at Ward No.11 Vijaypur, Tehsil and District Samba. That after the marriage, respondent No.2 along with his family members started treating the petitioner with cruelty and compelled the petitioner to bring more dowry from her parents but since the complainant?s parents were not in a position to meet their demand, as such, she was thrown out from her matrimonial home and since then she is at the mercy of her poor parents. The complainant along with her parents tried to resolve the matter amicably with respondent No.2 and his parents, however, they threatened that the complainant had obtained a loan from Jammu Central Cooperative Bank Branch Ramgarh and she has become defaulter, and unless and until the said loan is not liquidated by her she will not be taken into matrimonial fold of accused No.2. That the complainant shocked to know about the loan obtained in her name and immediately approached the accused No. 1, who was posted as Branch Manager in the said Bank at the relevant time. That initially he did not pay any heed to the complainant but when she threatened to approach his higher authority for his non-cooperation he issued a NOC on 15.07.2010 with respect to the aforesaid loan. That the complainant was again shocked to know when accused No.1 and other staff of the Bank came to the parental house of the complainant at Vijaypur and handed over a recovery notice to the complainant with respect to the above said loan. That when the father of the complainant shown them the NOC, the accused No.1 and staff threatened the complainant of dire consequences if she did not repay the recovery of availed loan facility of Rs.32,000.00. Accused no.1 also stated that the complainant had availed aforesaid loan as M/s. M.T. Retail Traders loan and he has also stated that the complainant?s amount is credited in accused No.2's loan account on 31.03.2010 and he has not repaid all her loan and still Rs.34,700.00is recoverable from the complainant. That accused No.2 having hatched a criminal conspiracy with accused No.1, prepared a false, forged loan application, bills, vouchers in the name of the complainant for sanctioning and obtaining Trade loan despite the fact that she was not running any type of business or shop anywhere; that neither she has signed any documents nor visited the Jammu Central Cooperative Bank Branch, Ramgarh at any point of time. That the accused persons not only cheated by impersonation but with dishonest intention induced and cheated the complainant, made false documents which are signed by the accused persons with seal authorizing by the accused No.1 to the accused No.2 to transfer the false loan amount in the name of the complainant and misappropriated the public money of the bank in the name of the complainant and the accused No.1 disbursed the said loan amount to the accused No.2. That the forged loan application and other documents prepared in the bank at the request of accused No.2 as both the accused conspired with each other without the notice of Loan Manager and the documents such as loan application and other documents were handed over to the accused No.2 by the accused No.1 to get the signatures of the complainant on them for further processing the case tec.