J.B.GARG,J - (1.) GURMAIL Singh son of Teja Singh, resident of village Kuthala, Tehsil Dhuri,Distt. Sangrur, has come forward and moved this petition under Section 432 of the Code of Criminal Procedure, challenging the summoning order passed by the Judicial Magistrate I Class, Dhuri for the offence under Section 403/406 of the Indian Penal Code on 16-5-1991.
(2.) BRIEFLY , the facts as alleged in the complaint are that Gurmail Singh is the President of Chahal Gram Udyog Samiti, Kuthala which is registered under the Societies Registration Act, 1860 and that two cheques dated 5-10-1988 and 30-11-88 of Rs. 19,805/- and Rs. 8,397/- respectively, have not been deposit in the State Bank of Patiala, Malerkotla in which the society had been maintaining the account and thus there has been a mis-appropriation by the President of the Society. The learned counsel for the petitioner has placed on record copies of the statements of the witnesses examined by the complainant in the trial Court. PW-6, Shri Mohinder Singh, Clerk has deposed that the Society had an account in Canara Bank as well and the Photo copies of Ex. PO/1 and PO/2 show that the vouchers of Rs. 19,805/- and 8,397/- were cleared in favour of the Society and remitted to the account of the aforesaid Society at Malerkotla. These amounts P-3 were received against the bricks which were supplied by the Society to the Punjab State Tubewell Corporation, Barnala.
(3.) PROBABLY , the complainant did not know that besides the State Bank of Patiala, the Society had also an account in Canara Bank which was opened on 27-4-1988 and it is corroborated by PW-2 Pawan Jindal, Clerk of the Canara Bank posted at Malerkotla. Thus these credit entries could not be characterised as false. The learned counsel for the petitioner has referred to State of UP through C.B.I. v. R.K. Srivastava and another, 1989(3) Crime 109, wherein it was held that when the required money was received by the State Bank of India, there was nothing to show any wrongful gain or wrongful loss. Jagroop Singh v. State of Punjab, 1980 Criminal Law Journal 68 has also been referred to, where delay in depositing on the part of a Sarpanch of the village who had no dishonest intention did not mean mis-appropriation.;