Raj Kumari Vs. the Nationalized Bank Employees (Se) Co-operative Na Thrift and - Court Judgment

SooperKanoon Citationsooperkanoon.com/1052866
CourtPunjab and Haryana High Court
Decided OnAug-08-2013
AppellantRaj Kumari
RespondentThe Nationalized Bank Employees (Se) Co-operative Na Thrift and
Excerpt:
criminal misc. not m-11056 of 2010 (o&m) 1 in the high court of punjab and haryana at chandigarh criminal misc. not m-11056 of 2010 (o&m) date of decision:august 08,2013 inder pal juneja ......petitioner versus the nationalized bank employees (se) co-operative na thrift & credit society ltd.....respondent coram: hon'ble mrs.justice sabina present: petitioner in person. mr.anshuman dalal,advocate for the respondent. **** sabina, j. petitioner has filed this petition under section 482 of the code of criminal procedure,1973 (for short `cr.p.c.') challenging impugned order dated 7.4.2008 (annexure p1) whereby mahabir parsad singhal was allowed to be arrayed as representative of the society-complainant to pursue the complaint in question. heard. the impugned order dated 7.4.2008 (annexure p1) reads as under:- "an application for substituting sh.mahabir singhal, as representative of the society complainant moved. it is raj kumari contended by ld. counsel for the complainant that applicant 2013.08.14 10:42 i attest to the accuracy and integrity of this document criminal misc. not m-11056 of 2010 (o&m) 2 is one of the representative of the complainant society. his name is required to be substituted as representative of the complainant society in the present complaint. the earlier representative sh.amrinder kumar is enable to represent the complaint due to other urgent matters/business of the society. heard. in case titled bhag singh versus state of punjab 2001 (2) rlr (criminal) 835, wherein it has been held by the hon'ble punjab and haryana high court that in case of death of complainant, son of complainant allowed to pursue the complaint. held, section 256 cr.p.c.emplowers the magistrate in a given case to permit a fit and proper person to continue the prosecution on the death of the complainant. air 196.supreme court 283 and 1997 ccc 24.relied. keeping in view the dictum laid down by the hon'ble court in the above said judgment coupled with the facts of the present case. i hereby allow sh.mahabir parsad singhal, as representative of the society complainant to pursue the present complaint. no evidence of the complainant is present. an adjournment sought. heard. request allowed. now, case is adjourned to 2.8.2008 for evidence of the complainant."the complaint in question was filed under section 138 of the negotiable instruments act, 1881 (annexure p1) by nationalized bank employees (se) co-operative t&c society ltd through its raj kumari authorized representative amrinder singh. during the pendency of 2013.08.14 10:42 i attest to the accuracy and integrity of this document criminal misc. not m-11056 of 2010 (o&m) 3 the complaint, an application was moved by the complainant- society to substitute its representative. the complainant-society has sought that it may be allowed to be represented by mahabir parsad singhal instead of amrinder kumar. petitioner-accused cannot be said to be having any grievance in this regard. the trial court had, thus, rightly allowed the complainant-society to pursue the complaint through mahabir parsad singhal due to unavailability of its authorized representative amrinder kumar. dismissed. (sabina) august 08, 2013 judge arya raj kumari 2013.08.14 10:42 i attest to the accuracy and integrity of this document
Judgment:

Criminal Misc.

not M-11056 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc.

not M-11056 of 2010 (O&M) Date of decision:August 08,2013 Inder Pal Juneja ......Petitioner Versus The Nationalized Bank Employees (SE) Co-operative NA Thrift & Credit Society Ltd.....Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: Petitioner in person.

Mr.Anshuman Dalal,Advocate for the respondent.

**** SABINA, J.

Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure,1973 (for short `Cr.P.C.') challenging impugned order dated 7.4.2008 (Annexure P1) whereby Mahabir Parsad Singhal was allowed to be arrayed as representative of the society-complainant to pursue the complaint in question.

Heard.

The impugned order dated 7.4.2008 (Annexure P1) reads as under:- "An application for substituting Sh.Mahabir Singhal, as representative of the society complainant moved.

It is Raj Kumari contended by ld.

Counsel for the complainant that applicant 2013.08.14 10:42 I attest to the accuracy and integrity of this document Criminal Misc.

not M-11056 of 2010 (O&M) 2 is one of the representative of the complainant society.

His name is required to be substituted as representative of the complainant society in the present complaint.

The earlier representative Sh.Amrinder Kumar is enable to represent the complaint due to other urgent matters/business of the society.

Heard.

In case titled Bhag Singh versus State of Punjab 2001 (2) RLR (Criminal) 835, wherein it has been held by the Hon'ble Punjab and Haryana High Court that in case of death of complainant, son of complainant allowed to pursue the complaint.

Held, Section 256 Cr.P.C.emplowers the Magistrate in a given case to permit a fit and proper person to continue the prosecution on the death of the complainant.

AIR 196.Supreme Court 283 and 1997 CCC 24.relied.

Keeping in view the dictum laid down by the Hon'ble Court in the above said judgment coupled with the facts of the present case.

I hereby allow Sh.Mahabir Parsad Singhal, as representative of the society complainant to pursue the present complaint.

No evidence of the complainant is present.

An adjournment sought.

Heard.

Request allowed.

Now, case is adjourned to 2.8.2008 for evidence of the complainant."

The complaint in question was filed under Section 138 of the Negotiable Instruments Act, 1881 (Annexure P1) by Nationalized Bank Employees (SE) Co-operative T&C Society Ltd through its Raj Kumari authorized representative Amrinder Singh.

During the pendency of 2013.08.14 10:42 I attest to the accuracy and integrity of this document Criminal Misc.

not M-11056 of 2010 (O&M) 3 the complaint, an application was moved by the complainant- Society to substitute its representative.

The complainant-Society has sought that it may be allowed to be represented by Mahabir Parsad Singhal instead of Amrinder Kumar.

Petitioner-accused cannot be said to be having any grievance in this regard.

The trial Court had, thus, rightly allowed the Complainant-Society to pursue the complaint through Mahabir Parsad Singhal due to unavailability of its authorized representative Amrinder Kumar.

Dismissed.

(SABINA) August 08, 2013 JUDGE arya Raj Kumari 2013.08.14 10:42 I attest to the accuracy and integrity of this document