- (1.) THE only controversy involved in this Criminal revision petition is whether the non-return of documents by the accused respondent would amount to the commission of offences punishable under Sections 408, 418, 420,424 read with Section 120-B of the Indian Penal Code
(2.) THE brief resume of facts relevant for the disposal of this revison petition is that the complainant-petitioner in the capacity of a partner of M/s Laxmi Enamel Works, Khanna, applied for getting some loan from the Punjab Financial Corporation, Chandigarh The Corporation asked the complainant to get a cash credit limit of Rs. 5,06,000/- fixed from the Bank and get a confidential report regarding his financial status. The complainant accordingly applied for fixing the cash credit limit to the Khanna branch of the Punjab National Bank. Shri C. I. Mahajan was then working as Manager of that branch and asked for certaia documents from the complainant The complainant accordingly supplied these documents on 7-11-1985. Thereafter, the Manager of the Bank sent a confidential report dated 18-11-1986 to the Corporation on the basis of documents furnished by the complaianant but the Bank sent adverse report, upon which the Corporation refused to grant the loan. The complainant also filed some complaint before the higher authorities against the Manager of the Bank imputing dishonest intention in destroying the valuable documents and in not allowing cash credit limit upto the extent of the afore-referred amount.
(3.) THE trial Court after appraising the evidence of PW-1 Kuljit Pal Singh, a Legal Assistant in the office of the Corporation, beside that of Ram Parkash (PW-2) father of the complainant, and of the complainant himself refused to summon the accused for the above referred offences by holding that the complainant bad not furnished original documents to the accused-respondent -and that copies of the documents cannot be said to be valuable security or property and thus the accused had not committed any offence even ex facie.;