ISHWAR SINGH KAUSHIK Vs. STATE OF DELHI

JUDGEMENT

(1.) Present petition has been filed by Ishwar Singh the Petitioner invoking inherent jurisdiction of this court under Section 482 Criminal Procedure Code (Cr.P.C.) seeking quashing of FIR No.358/2002, under Sections 419/420/506 Indian Penal Code (IPC), Police Station Dabri and the proceedings conducted therein.

(2.) Petitioner is the owner of house No. RZ-H-199, Part-II, Raj Nagar, Palam Colony, New Delhi. He borrowed a sum of Rs.35,000/- from respondent No. 2 for running his courier business in a rented house of respondent No.2. The said amount was allegedly manipulated by respondent No.2 to the tune of Rs.3,50,000/- and he pressurized the Petitioner to return the said manipulated amount. This resulted into financial and property dispute between the parties and FIR No.358/2002, under Section 419/420/506 IPC was registered against the Petitioner on behalf of respondent No.2.

(3.) Petitioner was arrested and while in custody he was made to sign a mortgage agreement in good faith on 16.01.2004 by his own Advocate when he had appeared in the court of Ms.Deepa Sharma, Additional Sessions Judge, New Delhi by virtue of production warrants issued against him by the said court. Keys of the house were allegedly taken by respondent No.2 from the Investigating Officer. Petitioner had been making payments as per the said agreement to respondent No.2 from time to time. However, respondent No.2 moved an application for cancellation of bail as the cheques issued by the petitioner during his custody were dishonored.