M.P. Singh Sahni & Anr. v. State & Anr.

1. By this common order, Crl.M.A.No.18611/2013 filed by Harnam Singh under Section 340 Cr.P.C. and Crl.M.A.No. 1623/2014 filed by Sh.Arvind Kumar Gupta, Advocate on behalf of M.P.Singh Sahni and Narinder Pal Kaur Sahni for correction in the orders dated 04.12.2006 and the judgment dated 30.05.2013 will be disposed of. I have heard the learned counsel for the parties and have examined the record. 2014:DHC:4546

2. Harnam Singh (hereinafter referred as „complainant‟) had filed several complaint / civil cases against M.P.Singh Sahni (to be referred as „petitioner No.1‟) and his wife Narinder Pal Kaur Sahni (to be referred as „petitioner No.2‟). In some complaint cases, petitioners No. 1 & 2 were summoned as accused. Aggrieved by the said orders, they filed various Crl.M.C.Nos.3772/2003, 2444-45/2005, 54/2008, 2790/2000, 3773/2003, 3779/2003, 3781/2003, 3782/2003, 3784/2003, 3193/2005 and 3783/2003 for quashing of the criminal proceedings initiated against them. All these petitions were heard and decided together by orders dated 30.05.2013. It is relevant to note that both the parties had challenged the orders by filing SLPs before the Supreme Court, which were dismissed.

3. It is a matter of record that in Crl.M.C.No.2444-45/2005, the petitioners had challenged the summoning order dated 01.05.2003. The petitioners were represented by Sh.R.N.Mittal, Sr.Advocate with Mr.A.K.Gupta and Mr.Prasoon Kumar, Advocates. The complainant was represented by Sh.Vijay Aggarwal, Advocate. On 04.12.2006, it was stated that the petitioner No.2 i.e. Narinder Pal Kaur Sahni had expired. Accordingly, her name was deleted from the array of the parties. The matter was re-notified for 12.03.2007. Interim order was ordered to continue. The order-sheet, however, does not reflect if petitioner No.1 was present in person on that day and had given the intimation about the death of his wife (petitioner No.2). It is unclear as to which of the counsel representing the petitioners had conveyed the information of death. The proceedings continued thereafter, and finally on 30.05.2013, all these petitions were disposed of. While allowing the petition filed by the petitioners, setting aside the impugned order dated 01.05.2003 it was noted in the judgment, “It is relevant to note that Narinder Pal Kaur Sahni has since expired and this fact finds mention in the order dated 04.12.2006.”

4. The complainant seeks to initiate proceedings under Section 340 Cr.P.C. against the petitioners for making a false statement dishonestly before the Court on 04.12.2006 about petitioner No2‟s death. He asserted that petitioner No.2 was alive and the statement made by petitioner No.1 before the Court on 04.12.2006 about her death was false / incorrect to his knowledge.

5. Petitioners in Crl.M.A.No.1623/2014 prayed to make necessary correction in the order dated 04.12.2006 and 30.05.2013 as due to inadvertence, the factum of her death was recorded therein. No such information was conveyed to the Court. The complainant was aware about this fact and he initiated proceedings subsequent to that against her.

6. It is matter of record that in the order-sheet dated 04.12.2006, the factum of death of Narinder Pal Kaur Sahni (petitioner No.2) finds mention. However, memo of parties in the judgment dated 30.05.2013 by which the present petition along with various other petitions was disposed of reflects the petitioners as „M.P.Singh Sahni and another‟. Complainant never raised any grievance, any time, prior to disposal of the petition if Narinder Pal Kaur Sahni was alive and the statement regarding her death was made fraudulently or dishonestly. Order-sheet dated 04.12.2006 does not show if complainant appeared in person on that day. Learned counsel for the petitioners has produced on record several documents to show that subsequent to the order dated 04.12.2006, the complainant, director of respondent No.2 i.e. G.C.Construction had filed application under Section 340 Cr.P.C. in Suit No.154/04 pending in the Court of Sh.Inderjeet Singh, Learned Addl. District Judge, Tis Hazari Courts, Delhi, in the matter of Mohinder Pal Singh Sahni and Narinder Pal Kaur Sahni vs. Harnam Singh on 16.03.2007 along with an affidavit. The said application was contested by the petitioners and reply along with their respective affidavits was filed by them in April, 2007. He further informed that under Section 341 Cr.P.C., the complainant had filed an appeal (Crl.A.No.961/2008) before this Court on 15.10.2008. The said appeal was contested by the petitioners and „vakalatnama‟ dated 02.07.2009 vide diary No.101314 was filed on behalf of petitioner No.2. The certified copy of the said power of attorney has been placed on record. Apparently, at no stage, the complainant considered Narinder Pal Kaur Sahni to have expired. Rather, he initiated proceedings against her subsequent to the order dated 04.12.2006. It appears that due to inadvertence, the factum of death of petitioner No.2 (Narinder Pal Kaur Sahni) came to be recorded in the order-sheet dated 04.12.2006. No death certificate was placed on record. The complainant did not attempt to proceed against petitioner No.2 in the complaint case even after her name was deleted from the array of the parties in Crl.M.C.No.2444-45/2005.

7. Order dated 30.05.2013 setting aside the summoning order dated 01.05.2003 was passed after considering the merits of the petition. Presence / absence of Narinder Pal Kaur Sahni as petitioner was not a factor for determination of the issue. There is nothing on record, if any time, Narinder Pal Kaur Sahni or Mohinder Pal Singh Sahni took any advantage of the factum of death recorded in the order-sheet dated 04.12.2006.

8. Considering the facts and circumstances and the long drawn litigation between the parties, I find no substance in Crl.M.A.No.18611/2013 filed by the complainant (Harnam Singh) to initiate any proceedings under Section 340 Cr.P.C. against the petitioners. The application is dismissed.

9. Necessary correction will be carried out in the orders dated 04.12.2006 and 30.05.2013 indicating that the factum of death of Narinder Pal Kaur Sahni was recorded due to inadvertence and she was alive on 04.12.2006.

10. Crl.M.A.No.1623/2014 stands disposed of accordingly.

JUDGE SEPTEMBER 10, 2014 / tr