Chandigarh : All this malicious propaganda against Mr Rajesh Kalia started after he was nominated as Mayor candidate of BJP and all these issues were never raised by anybody or any newspaper even when he contested election of councilor from ward no 7, in year 2016. In FIR No. 65 dated 04.04.1994 he was acquitted on 19.07.2000.
In FIR No. 165 dated 27.09.1995 he was acquitted on 20.09.1997
In FIR No. 139 dated 05.04.2001 he was acquitted on 07.07.2005
In FIR No. 268 dated 28.06.2009 he was acquitted on 10.01.2014
In FIR No. 62 dated 31.03.1994 he was convicted on 01.04.1998 and sentence to under go imprisonment for one year by the additional session judge. He filed criminal revision in the high court against this conviction. High court by ordered dated 16.03.2010 modified the sentence and set-aside imprisonment of one year and released him on probation under section 4 (1) of the Probation of Offenders Act, 1958. Hence there is no conviction in this case.
In case of FIR under gambling act he was fined Rs. 50 and there was no imprisonment.
In case of cheque bounce case under section 138 of Negotiable Instruments Act by one Sh. Harish Chhabra the said complaint was dismissed by JMIC Chandigarh on 2.12.2016. In the judgment rendered by JMIC Chandigarh he proved that the cheque in question was misused as it was never issued nor the source of income was proved on record by Harish Chhabra. The conduct of complainant was held to be improbable as it was not mentioned in the complaint as to what amount of loan and what liability existed. No date, month or year of alleged advancement of loan or issuance of cheque was mentioned. Even income tax returns of the complainant produced on record did not mention advancement of loan to him therefore he was acquitted. Against this order, criminal appeal was filed in High Court in the year 2017 with delay of 103 days by Harish Chhabra. This case was taken up in the high court on various dates i.e. 28.07.2017, 24.01.2018, 01.08.2018 and 16.01.2019, but neither Harish Chhabra nor is council appeared before the high court and even no notice have been issue to Rajesh Kalia by the high court. Harish Chhabra did not appeared in High Court even today and the case was adjourned 01.05.2019 without any notice to Rajesh Kalia.
After dismissal of above mentioned cheque bounce complaint, Harish Chhabra filed civil suit no 974 of 2017 dated 03.07.2017 on the similar facts mentioned in above stated cheque bounce case and same is statedly decreed on 6.10.2018 ex- party without serving any notice to Rajesh Kalia. He was not aware as to filing of above suit. The date of cheque no. 240951 is 14.06.2014. Limitation for filing any suit for recovery under law was three years maximum which expired on 13.06.2017. The copy of order dated 06.10.2018 now obtained by him shows that the suit was filed on 03.07.2017, after the date of expiry of three years limitation but surprisingly the court has proceeded to decree the suit. The law is well settled that even if defendant is ex parte, the court is bound to decide the case by keeping in view the law of limitation. The judgment though ex parte is nullity. The Ex Parte orders to attach salary of Rajesh Kalia can not be executed as Rajesh Kalia is not getting any salary from Municipal Corporation and he is getting “Honorarium” and that can not be attached as per law. The order itself is illegal has been obtained by misleading the court. The orders by the Municipal Corporation to attach one third Honorarium of Rajesh Kalia is totally illegal and biased.
He has been removed from BC, Bundle “A” with the proper approval of the authorities as there is no case registered against Rajesh Kalia after 28-6-2009. Certified copy dated 27-12-2018 issued by SHO police station Maloya is attached.
In nutshell total 6 FIR’s was registered against Rajesh Kalia and he was acquitted in 5 FIR’s without any imprisonment and he was only fined Rupees 50 in gambling case. In the cheque bounce case proceedings under 138 was dismissed with remarks of the Judicial Magistrate that the complaint filed by the complainant is devoid of any merits as complainant failed to prove his case. Ex parte decree for attaching salary is obtained in absence of Rajesh Kalia by shrewd and illegal means. And it will be set a side soon.