Brief Facts
- The case pertains to the embezzlement of funds from the bank account of the Complainant and the issuance of cheque book without the knowledge of the complainant. The Appellant was not charge-sheeted, however, he was summoned at the stage of 319 Cr.P.C merely on the ground that he supplied the print out of statement of account of the Complainant.
- The High Court upheld the order through a non-speaking order which was challenged before the Supreme Court.
Issues
- Whether the Trial Court was justified in summoning the Appellant in furtherance of application u/s 319 Cr.P.C?
Held
- The Supreme Court allowed the appeal and quashed the summoning order after relying on the judgements of Hardeep Singh vs. State of Punjab, AIR 2014 SC 1400 and Sagar vs. State of UP, 2022 (6) SCC 389 in which the principle pertaining to exercise of powers u/s 319 of CrPC were enunciated.
- If the case in hand is examined on the parameters laid down in the aforesaid judgments, in our opinion, no case is made out against the appellant at this stage for his summoning as an additional accused merely because he once had supplied a copy of the statement of account to the complainant which was either dim or mis-printed. Based on this material, opinion cannot be formed that he was in connivance with the accused who allegedly indulged in cheating the complainant by fraudulent withdrawal from his account. He is not authorized either to approve withdrawal or to deal with the account of the complainant.
Relevant Para No.
- 11, 12