K.C.GUPTA, J. - (1.) THIS is a petition under Section 482 Cr.P.C. filed by Dr. Swaran Singh for quashing the complaint fated 17.8.1996 filed by respondent, Jaswant Singh, under Sections 499, 500 and 501 of Indian Penal Code and pending in the court of Judicial Magistrate 1st Class, Chandigarh bearing Criminal Complaint No. 222 of 21.8.1996 (Annexure P-1) and further for quashing order dated 17.3.1999 (Annexure P-5) passed by Judicial Magistrate Ist Class, Chandigarh, in the aforesaid complaint whereby the petitioner has been ordered to be arrayed as accused No. 3 in the complaint and was ordered to be summoned.
(2.) JASWANT Singh filed a complaint against Vijay Kumar, Editor, Publisher and Printer of Punjab Kesari and Shri Raj Sadosh, a local Journalist, who claimed himself to be a press correspondent of the Punjab Kesari Group of Newspaper, for preparing a false press report and the same was published and printed by Vijay Kumar, Editor, Publisher and Printer of Punjab Kesari in the daily Punjab Kesari published from Jalandhar on 3.8.1996. The news item, which appeared in the Punjab Kesari, reads as under :- "ASSURANCE OF PROTECTION TO THOSE WHO MADE LOSS OF CRORES OF RUPEES TO SPINFED. Abohar, 2 August (Raj Sadosh), Previous month after acute rumour of economic and moral bungling, Chief Minister Shri Harcharan Singh Brar transferred President, Managing Director and Additional Managing Director of Spinfed. Out of which Additional Managing Director Sh. Jaswant Singh, has been continuing his charge after ending three weeks. Sh. Jaswant Singh, sent to Spinfed after being involved in various disputes at Jalandhar is President of State Civil Services (PCS). Present Inka Government had transferred him thrice but he has not relinquished his charge. Reliable sources say that N.S. Kang, the new Managing Director of Spinfed has given an assurance of protection/safety to Sh. Jaswant Singh who had not paid attention to the explanation of the then Managing Director in May, 1996. A few months ago, Sales Manager Sh. Satish Suppal was placed under suspension for the alleged bungling for the sale of cotton thread. Inquiry of the matter was handed over to Sh. D.S. Sandhu, General Manager (Purchase) and without waiting for his report, new Managing Director has re-instated Sh. Suppal. In this matter, no need was felt to take into confidence even the Director of Division. People interested in Spinfed say that a few interested instances are also linked with Spinfed office, being run in old Markfed building in Sector 17, Chandigarh. Co-operative Spinning Mills Employees' Union has issued 5 eye opening episode, one of them, Senior Officer busy in meetings with a woman officer after 5 O'clock is a special rumour. Even it has been said that the bills of lighter moments spent in Hotels are also paid by the Spinfed. It was deemed more comfortable to deceive Spinfed in the name of export of cotton and cotton thread. This responsibility was performed by Addl. Managing Director Sh. Jaswant Singh, with the active co-operation of Marketing and Export Manager Smt. Ajit Baveja. Families dealing in export trade earned a lot by purchasing cotton thread from Spinfed. In the early stage, there was no complaint regarding quality but later on lacs of rupees were siphoned off by making false complaints, in the name of degradation in quality as 'rebate'. It is evident that the documents that the Addl. Managing Director had impressed the F.C., Cooperation by saying that in the previous year 25 to 30 percent inferior cotton was purchased. Hence, strict rules were framed in case of purchasing. After publicising the same sub-standard cotton worth crore of rupees was purchased. It is said that during the year 1993-94, the Addl. Managing Director sacrificed the interests of Spinfed for giving undue advantage of Ahmedabad based thread seller. Godowns were taken on rent at Delhi, Ludhiana and Chandigarh without taking permission of Managing Director. Godown at Chandigarh was taken on rent at about ten thousand per month. It is said that the godowns were taken on rent to facilitate the thread sellers of Mumbai and Delhi but the profit was advanced only to the Ahmedabad based firm purchasing goods amounting to Rs. 200 lacs. It is also alleged that Spinfed sent the goods directly to retail customers by its own sources to help this firm in saving sale tax and manipulation of Sales tax. The amount recovered by Spinfed did not include freight, unloading, loading expenditure, amount of insurance, rent of godown from different co-operative Mills at the State to Chandigarh based godown. Spinfed also paid the expenses incurred in sending the goods to the customer of Ahmedabad based firm. Water, electricity, stationery and telephone expenses were separate to it. A complaint by a transport company was made to the then Cooperative Minister Shri Sajjan Kumar Jakhar that the officers of Spinfed are demanding heavy bribe in lieu of giving contract. Sh. Jakhar had issued orders for enquiry but the report has not been submitted till today. Spinfed suffered a loss of Rs. 40 lacs due to purchase of sub- standard Nurma Cotton from Abohar. Shri Jakhar ordered for enquiry against the Executive Officer, Shri S.K. Sood. The Enquiry Officer Shri S.D. Bhatti (Addl. Registrar) held Shri Sood guilty of irregularities of Rs. 852 lacs but the matter was disposed of by accepting the resignation of Shri Sood by influential persons of Spinfed. The same happened in the case of another Administrative Director Shri N.D. Mehta. Shri Mehta was placed under suspension for the allegation for purchasing sub-standard ringframe for cooperative Mills situated at Abohar but this officer was also exonerated by accepting his resignation. The Managing Director in the year called for explanation of the Additional Managing Director in regard to the irregularity pointed out by the accounts personnel of Spinfed. (1) Bungling to the tune of Rs. 6 lacs concerning cotton made threads from Goindwal to Mumbai. (2) Suffering because of demurrage to the tune of Rs. 8.5 lacs due to adopting of wrong procedure in the export of cotton thread from Bhatinda to Hongkong. (3) Unauthorised exemption of Rs. 376 lacs to the firm of Taiwan. (4) Unauthorised payment of Rs. 2 lacs to the Mumbai clearing agent. (5) Paid Rs. 83 thousands against unjustified claim of clearing agent. (6) Remission of Sales Tax to the tune of Rs. 2 lacs to the Ahmedabad based firm. (7) One lac unnecessary rent of godown. Shri R.K. Gupta, Executive Officer of Cooperative Spinning Mill located at Tapa was placed under suspension for the charges to misuse of official vehicles and to have Rs. 44,000/- as advance amount in his pocket. On 27th September, 1994 the Vigilance Department instituted a case against Shri Gupta at Sangrur for purchasing of sub-standard 73 cotton bales. According to order of the Financial Commissioner the case of enquiry against Shri Gupta was given to the Additional Managing Director on Ist June, 1995. Jaswant Singh visited Tapa and brought with him the sample of cotton for checking. Neither the samples, nor the enquiry report has been submitted till now. The misuse, of vehicles in Spinfed is so high that a Gypsy is sent for Kharar for taking only two litre milk daily. On June 13, 1996, Additional Managing Director had entered in the Log-book that alongwith Satish Sappal, Purchase Manager, he went on official tour for purchasing cotton to Karanpur (Rajasthan). In fact, no purchase there being made in those days. According to log-book, he reached there at 8.00 p.m. and left for Chandigarh at 5.45 AM. A rumour was there that what variety of cotton to be purchased at night. Then the entries were struck off. In reality the family of Jaswant Singh went to see his relatives in his official vehicle. The vehicle covered 574 km. The vehicle's driver has also given affidavit about these irregularities. However, Spinted has not exported even one kg. cotton thread for two years but ten thousand monthly pay and so many facilities are being provided to a Lady Officer as an Export Manager. Spinfed had paid a telephone bill of Rs. 20700/- for his resident phone and paid Rs. 1,53,749/- for official phone. A bill of Rs. 2,34,184/- official phone and a bill or Rs. 1,05,912/- residential phone has also been paid for Additional Managing Director. The details of phone bill issued by Chandigarh Telephone Exchange from 15.11.95 to 16.1.96 for two months shows that 141 calls which were done by the Additional Managing Director in these calls Karanpur and Japan calls are also including. It appears that most of the calls are family calls. The Cooperative Spinning Mill's Workers Union has lost their faith in Punjab Government. Due to political crises, the bureaucracy have completely taken over the control of the Administration. Now, therefore, demand is being made that scandals should be handed over to C.B.I." It was further averred that the news item contained imputations directly concerning respondent (complainant), intending to harm him and both the accused, namely, Vijay Kumar, Editor, Publisher and Printer of Punjab Kesari and Shri Raj Sadosh, a local Journalist, knew and had reason to believe that such imputations which they had printed and published in the newspaper were false and would certainly harm his reputation and would lower his moral and intellectual character. It was also averred that the said news item was published maliciously without making any proper enquiry and they did not act with due care and caution. Therefore, the complaint was filed by Jaswant Singh only against Vijay Kumar, Editor, Publisher and Printer of Punjab Kesari and Shri Raj Sadosh, a local Journalist, and not against the petitioner, Dr. Swaran Singh. It was simply mentioned in Para No. 3 of the complaint that Vijay Kumar had been meeting Dr. Swaran Singh, who had been instigating him to publish some material against Jaswant Singh so as to tarnish his image as Swaran Singh was having ill will against him.
(3.) IN order to prove the allegations, respondent (complainant) examined 13 witnesses.;