DAVINDER KOUR AUJLA v. U T OF J AND K TH PS ANTI CORRUPTION BUREAU JAMMU
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-11-27. DAVINDER KOUR AUJLA v. U T OF J AND K TH PS ANTI CORRUPTION BUREAU JAMMU. Read the judgment and...
Judgment text
Sr. No. 22 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) no. 373/2024 Davinder Kour Aujla …. Petitioner(s)/Appellant(s) Through :- Mr. Parnav Kohli, Sr. Advocate with Mr. Aftab Malik, Advocate V/s UT of J&K …. Respondent(s) Through :- Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 27. 11. 2024 01. Learned counsel for the petitioner submits that the defense of the petitioner is that he had resigned from the company prior to the abetment of the loan by the company, for which he is being accused. He submits that the charges in this case have yet to be framed. His contention is that, at the time of considering the case for framing charges, the trial court is required to take this aspect into consideration, and therefore, he must be heard on this point. 02. Mrs. Monika Kohli, learned Sr. AAG, submits that the plea taken by the petitioner will be considered at the time of considering the case for charge/discharge. 03.
Learned counsel for the petitioner further submits that this petition can be disposed of at this stage by directing that the plea raised by the petitioner may be considered at the time when the case is heard for the framing of charges or discharge, and the petitioner be allowed to rely upon any permissible legal provisions at that stage. 04. In view of the submissions made by learned counsel for the parties, this petition is disposed of at this stage by providing that the trial court shall take into consideration the defense of the petitioner/accused, which is that he had resigned from the company prior to the loan being granted in favor of the company. 05. The trial Court shall decide the matter in accordance with the law. In the event that the petitioner is aggrieved by any decision, he shall be at liberty to approach this Court again. 06. Disposed of accordingly. (Vinod Chatterji Koul) Judge Jammu: 27. 11. 2024 Javid Iqbal
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