- (1.) The contour of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, complainant Balwinder Singh(respondent No.1) son of Makhan Singh (for brevity "the complainant) filed a private criminal complaint against the petitioners-Kavinder Singh Khanna and his daughter Soni Kapoor, residents of Mumbai, for the commission of offence punishable under Sections 380, 406, 457, 506/34 IPC, in the court of Judicial Magistrate Ist Class, Amritsar, inter alia, pleading that the petitioners came to Amritsar and stayed with him(complainant) as guests on 29.07.2006. On 30.07.2006, the complainant and his wife were stated to have gone to Cheharta, leaving the petitioners in their house. On 31.07.2006, when the complainant came to his house, then he found that the petitioners have committed the theft of gold ornaments and a cash of Rs. 35,000/- by breaking the locks of his iron-box and wooden almirah. According to the complainant, he reported the matter to the police, but in vain. The petitioners did not return the stolen articles and cash, despite legal notice dated 05.02.2006. He again reported the matter to the DGP, Punjab, on 18.08.2006, but no action was taken by the police. That being the position, the complainant filed the impugned complaint(Annexure P-1), in which, the petitioners were summoned as an accused, to face the trial under Sections 380 and 506 IPC, by the Judicial Magistrate Ist Class, Amritsar, by way of impugned summoning order dated 31.08.2007(Annexure P-2).
(2.) The petitioners-accused did not feel satisfied and preferred the present petition, for quashing the complaint(Annexure P-1) and the summoning order(Annexure P-2) and all subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C.
(3.) The case set-up by the petitioners, in brief, insofar as relevant was that, six complaints under Section 138 of The Negotiable Instruments Act were filed by different persons against petitioner No.1 at Amritsar. In pursuance of the summons, he appeared in the court and got his presence exempted. He sent an application dated 24.07.2006(Annexure P-4) accompanied by Medical Certificate (Annexure P-5) from Bombay, for adjournment of the case at Amritsar. According to petitioner No.1, that a criminal complaint bearing No.36/Misc./2006 filed by him, was pending for 28.07.2006 in the court at Kurla Mumbai, in which he appeared along with his counsel and the case was adjourned to 11.08.2006.;