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Cheating case
HC directs trial court to deal with complaint as per law
2/18/2011 9:02:41 PM
EARLY TIMES REPORT
JAMMU, Feb 18 : State high court today dismissed petition filed by an employee of Ran Air Services seeking quashment of order passed by the trial court.
The petitioner Neerja Goswami of Ran Air Service had sought quashment of order of trial court passed on December 22, 2008 u/s 420/120-B RPC on the complaint of one Harbans Lal. Goswami had stated that he had been wrongly shown as Chief Executive Officer of Ran Air Services whereas he was only an employee of the company.
Justice Hasnain Massodi after hearing Adv RS Jamwal for the petitioner and Adv KK Pangotra for the complainant and the respondent respectively after referring the judgment of the Supreme Court stated that the petitioner cannot be allowed to seek exercise of inherent powers on the ground that required to be urged before the trial court to see that complaint is dismissed and petitioner exonerated of allegations leveled in the complaint.
Court held that whether, the petitioner as a matter of fact entered into criminal conspiracy with accused doctor to defraud the complainant and whether the petitioner and accused doctor were motivated by fraudulent or dishonest intention, when they induced the complainant to deposit an amount of Rs 3.50 lacs in the account of accused is for the trial court to determine after the parties are afforded opportunity to adduce evidence and complaint dealt with in accordance with procedure laid down under law.
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