Order 13

Order Details: COPY OF ORDER
Pdf Text: 43 Ct Cases 164/2022 LT. COL. RAMANDEEP SINGH AND ORS.
Vs. RARSHIM MAHAJAN /0 (Naraina)
03.07.2026
Present: None for the complainant.
ORDER
I have already heard the submissions advanced on
behalf of the complainant and have carefully perused the complaint,
the pre-summoning evidence led by the complainant and the
documents placed on record.
The case of the complainant, in brief, is that the
accused, while being employed with Pearl Academy, dishonestly
projected herself as a tenant under the parents of complainant no. 1 by
preparing and using forged rent receipts and declarations, despite
allegedly residing in Government accommodation allotted to
complainant no. 1. It is alleged that on the strength of such forged
documents, the accused dishonestly induced her employer to release
House Rent Allowance (HRA) in her favour, thereby causing
wrongful loss to the employer and corresponding wrongful gain to
herself. CW-1 and CW-2 have categorically deposed that neither of
them had ever inducted the accused as a tenant nor executed the
alleged rent receipts. They have further deposed that the signatures
appearing on the rent receipts are not theirs and that the accused had
utilized the said documents for claiming HRA from her employer.
The complainant has also placed on record copies of the alleged rent
receipts, HRA declarations and other supporting documents. At the
present stage, this Court is only required to ascertain whether
-- 1 of 3 --
sufficient grounds exist to proceed against the accused and not
whether the allegations stand proved beyond reasonable doubt.
From the material placed on record, a prima facie case
is made out that the accused dishonestly used the alleged forged rent
receipts and declarations as genuine before her employer for
obtaining HRA and thereby induced the employer to part with money
to which she was allegedly not legally entitled. The allegations, if
taken at their face value, prima facie disclose commission of offences
punishable under Sections 420, 468 and 471 IPC. The evidence led at
the pre-summoning stage is sufficient to proceed against the accused
for the aforesaid offences.
So far as the remaining offences alleged in the
complaint are concerned, this Court does not find sufficient material
to summon the accused thereunder. There is no prima facie material
indicating entrustment of property so as to attract the offence of
criminal breach of trust. Likewise, the alleged rent receipts cannot, at
this stage, be treated as documents falling within the ambit of Section
467 IPC, and no material has been placed to show that the alleged
forgery was committed with the predominant intention of harming
the reputation of the complainants so as to attract Section 469 IPC.
Similarly, no independent material has been produced to prima facie
establish any criminal conspiracy or commission of any other offence
beyond the offences of cheating, forgery for the purpose of cheating
and using forged documents as genuine. Accordingly, no sufficient
ground exists to summon the accused for any offence other than
Sections 420, 468 and 471 IPC.
-- 2 of 3 --
Accordingly, I am satisfied that there exist sufficient
grounds for proceeding against the accused. Let the accused be
summoned for offences punishable under Sections 420, 468 and 471
of the Indian Penal Code on filing of process fee within one week
from today.
Put up for appearance of the accused on 07.10.2026.
(Ankit Garg)
JMFC-08, PHC, ND
03.07.2026
-- 3 of 3 --