CR No.3834 o”
1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.3834 of 2013 Date of Decision:30.07.2013 Sanjay ....Petitioner Versus Smt.
Sushila Devi .....Respondent CORAM: HON'BLE Mr.JUSTICE PARAMJEET SINGH 1 Whether reporters of the local papers may be allowed to see the judgment?.
2) To be referred to the Reporters or not?.
3) Whether the judgment should be reported in the Digest?.
Present: Mr.Vivek Khatri, Advocate, for the petitioner.
Mr.HaRs.Kinra, Advocate, for the respondent.
**** PARAMJEET SINGH, J.(Oral) Instant revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 30.05.2013 (Annexure P-3) whereby application moved by the petitioner for amendment of petition has been dismissed.
I have heard learned counsel for the parties and perused the Kumar Parveen 2013.08.01 13:20 I attest to the accuracy and integrity of this document High Court, Chandigarh CR No.3834 o”
2. record.
Learned counsel for the parties agree that except para no.4(x) (a).no other amendment is to be carried out by the petitioner.
Para no.4(x) (a) is re-produced as under: “ That now, the petitioner has come to knot that on 14.12.2012 the respondent had fraudulently purchased the jewellery of Rs.46,800/- from M/S.Bombay Jewelleries, Sadar Bazar Gurgaon because she told her name as Renu Mehta to them and the payment of Rs.42,300/- was swip from AXIS Bank on her credit card and balance from HDFC Bank but later on the payment was stopped by the banks as Credit Card used by her was Vikash Puri Card International which was found a fraud.
She had also given a fictitious driving licence as her identity.
However, a case FIR No.729 dated 21.12.2013, under Sections 420, 467, 468, 471 IPC and 65/66/66-B/66-D of Information Technology Act, 2000 at Police Station City Gurgaon was got registered against the respondent.
It is pertinent to mention here that she is a member of international Fraud Gang and from the said card someone told the petitioner that the respondent has committed the said offence and is in custody.
It is pertinent to mention here that she is a member of International Fraud Gang and on this credit card, she had defrauded an amount of Rs.9,04,930/-.
She remained in police custody for a week and in judicial custody about 3½ months.
This has spoiled the reputation of the petitioner which has caused mental torture and cruelty to the petitioner.
Copy of FIR is enclosed herewith.”
Kumar Parveen 2013.08.01 13:20 I attest to the accuracy and integrity of this document High Court, Chandigarh CR No.3834 o”
3. The learned counsel further state that the petitioner has already filed an amended petition which as per the version of the respondent is not in consonance with the application for amendment.
In view of above, the instant revision is disposed of and liberty is granted to the petitioner to file a fresh amended petition by incorporating para no.4(x) (a) as reproduced above.
The petitioner will not be entitled to amend any other part of the plaint other than para no.4(x) (a).The respondent will be at liberty to file amended reply.
(Paramjeet Singh) Judge July 30, 2013 parveen kumar Kumar Parveen 2013.08.01 13:20 I attest to the accuracy and integrity of this document High Court, Chandigarh