Overruling the order of a trial court of dismissing a fraud and cheating case against office-bearers of Shirdi Sai Samaj, Sector 29, additional district and sessions judge KK Kareer has ordered fresh trial.
The court has thus allowed the revision petition filed by Baltana resident Ved Parkash, a member of the Shirdi Sai Samaj Society, against the orders of judicial magistrate Parvesh Singla issued on March 18, 2013.
The trial court had dismissed the criminal case against six office-bearers of Shirdi Sai Samaj, Sector 29, including president Ramesh Kalia and vice-president Anil Khurana.
The office-bearers had been booked in a case registered on April 20, 2006, after complainant Parkash had accused them of cheating and forgery.
So, now as per the directives of the court Ramesh Kalia, resident of Sector 44, Chandigarh, Anil Khurana, resident of Sector 12, Panchkula, SK Jain, resident of Sector 32, Chandigarh, Manoj Goel resident of Sector 45, Chandigarh, Vimal Rai, resident of Sector 45, Chandigarh, and VK Narula, resident of Sector 28, Chandigarh, will have to appear before the trial court on September 7.
Ordering the fresh trial, additional district and sessions judge KK Kareer on August 25, ruled, “As per the law, at time of framing charge the accused has no right to produce the material or documents on record. The court could not have banked upon the documents which were produced on record by themselves along with the application of discharge.
Even otherwise those copies or documents were simply Xerox copies and were thus not even prima facie admissible in evidence. Therefore, the impunged order cannot be sustained in eyes of law and same is set aside.”
“The conclusion drawn by the trial court that it is case of civil nature having no criminal ramifications is not based on a sound and justified reasoning...the allegations made in the FIR prime facie constitute criminal offence,” the judgment added.