VIVEK KHANNA Vs. STATE AND ANOTHER

JUDGEMENT

(1.) Exemption allowed subject to just exceptions.

(2.) The allegations against the petitioner by the complainant who was the head of Finance Department of M/s Shri Adhya Educational Books Pvt. Ltd. are that the petitioner approached the complainant for supply of books worth RS. 59 lakhs from the company. For payment against the supplies the petitioner gave pre-dated cheques issued from the account of M/s Khanna Computer Books Shop maintained at J and K Bank, Chandni Chowk and Central Bank of India, Darya Ganj. Believing that the pre-dated cheques would be honoured, the complainant supplied the books worth Rs. 58,94,215/-. After receipt of the books when the six cheques were presented, they were dishonoured. Rest of the cheques were presented in view of the request of the petitioner. When the complainant went to recover the money from the petitioner, it was revealed that the petitioner had sold M/s. Khanna Computer Book Shop and left for unknown place. Thus it is alleged that the petitioner was dishonestly induced to deliver the books and the complainant was cheated for a sum of Rs. 58,94,215/-. It is further alleged that if pre-dated cheques which were assured to be honoured were entrusted, the complainant would have handed over the books to the petitioner. Further the intention of the petitioner was dishonest from the very inception as immediately after receiving the books he sold of the concern and left the property.

(3.) Learned counsel for the petitioner contends that the allegations in the FIR are of civil dispute and no FIR thereon could be registered. Even otherwise the allegations at best show an offence punishable under Section 138 Negotiable Instruments Act and a cognizable offence.