ASHISH VERMA Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 Cr.PC for quashing of FIR No. 115/2011 registered at Police Station Rani Bagh under Section 420 IPC and all proceedings emanating therefrom.

(2.) The learned counsel appearing for the petitioner submitted that in the complaint made to the police, it had opined the dispute to be of a civil nature and further that out of the 40 cheques, 33 were never presented in the bank, whereas eight cheuques were given by the respondent to third person namely Surender Garg who has also filed cases against the petitioner under Section 138 NI Act.

(3.) I have heard learned counsel for the petitioner and learned APP for the State as well as the learned counsel for the complainant/ respondent no. 2. The allegations against the petitioner are that he lured the complainant to have lucrative business dealings with him and by such representation, he was induced to believe the misrepresentation of the petitioner. The petitioner had purchased some computer hardware from the complainant on credit basis. Subsequently, the goods that were purchased were sold by the petitioner on cash basis at cheaper rates. The intention of the petitioner was to cheat and defraud the complainant. When the complainant started demanding the price of the computer hardware goods, the petitioner after long persuasions gave 40 cheques to the complainant knowing fully well that there was no amount of money in his account. The complainant filed complaints in this regard before the learned MM and after examining the complainant and the material available on record, the learned MM passed an order dated 25.4.2011 under Section 156(3) Cr.P.C for registration of an FIR against the petitioner.