Hira Lal Anand vs Harbans Lal Ghai

M.M. Punchi, J.—This is a petition under Sections 195/340, Criminal Procedure Code, requiring this Court to file a complaint against the respondent for offences committed as are enumerated in Section 195 (1) (b), Criminal Procedure Code.

It appears that the petitioner filed an eviction petition against the respondent on the ground that the respondent was in arrears of rent. The respondent in defence produced certain receipts asserting that he had made payments of rent and was not in arrears. The Rent Controller, it appears, agreed with him. However, Sh. Amar Dutt, the Appellate Authority, Lundhiana disagreed with the view of the Rent Controller and came to the view that the receipts were not genuine and thus ordered eviction of the respondent. The respondent filed a civil revision petition No. 118 of 1985 to challenge the said order but the same was dismissed in limine on May, 13th 1985. This petition has been filed on the premises that since the receipts were held to be not genuine, the respondent had clearly committed offences covered u/s 195 (1) (b), Criminal Procedure Code, and thus this Court should file a complainant after following the procedure u/s 340, Criminal Procedure Code.

I have heard the learned counsel for the parties. Though it is true that the revision petition was dismissed in limine by this Court yet it is only the Appellate Authority who had the occasion to view the receipts in the right perspective and give a finding that the receipts were not genuine. Merely because the records were called by this Court while disposing of the aforesaid revision petition, it does not automatically follow that this Court too is of the expressed view that the receipts are not genuine. There is no specific observation in that regard in the dismissal order. Obviously, in such a situation, this application instead of being dealt with by this Court should in the interest of justice be considered at the end of the Appellate Authority. Though it is true that sub-section (2) of section 340, Criminal Procedure Code, permits this Court to institute a complaint, as taxed for, yet it is plain that the Appellate Authority had not been approached for the purpose and has not even rejected an application for the making of such a complaint. In the situation, the rightful course for the petitioner should be to ask that Authority to apply his mind in that direction and it is for him to decide whether it would be expedient in the interest of justice that;in inquiry should be made into any offence referred to in clause (b) of subsection 195, Criminal Procedure Code, which appears to have been committed in or in relation to the proceeding in his Court or as the case may be in respect of a document produced or given in evidence in a proceeding in his Court. With these observations, this petition is disposed of. The present petition is thus transferred to the file of Sh. Amar Dutt, Appellate Authority, Ludhian, Parties through their counsel are directed to put in appearance there on 16th September, 1985.