R.P. MALIK Vs. ANIL SHARMA

JUDGEMENT

(1.) THE petitioner, who is stated to be a retired Superintendent of is Hazari Courts, seeks contempt proceedings against the police officials who had arrested him pursuant to an FIR registered pursuant to the direction of Commissioner of Police on the complaint of Mr. Navin Soni, who is not a party to the present petition, being FIR No.270/2000 under Section 379/420/468 and 471 of Indian Penal Code on the ground that his arrest had interfered with the due course of judicial proceedings initiated by him under Section 138 of the Negotiable Instrument Act and because his arrest has also obstructed administration of justice.

(2.) BRIEF facts to comprehend the controversies are that Mr. Navin Soni resident of 3, DLF Industrial Area, Moti Nagar, on 5th October, 1996 had made a written complaint addressed to SHO, Police Station Kirti Nagar, New Delhi, that he had lost two signed blank cheques one of them bearing number 722832 of Punjab National Bank, Khari Baoli, and other cheque of its sister concern, M/s.Shobit Enterprises, of Punjab and Sind Bank, Fateh Puri, New Delhi, along with other documents. He had also sent a communication dated 6th October, 1996 to Punjab National Bank, Khari Baoli, Delhi, stating that he had lost the above -mentioned cheque in transit and requested the bank to stop the payment. Similar letter was also sent to Punjab and Sind Bank. The letter dated 6th October, 1996 is stated to have been received by the Bank on 7th October, 1996 by speed post. On receipt of complaint from Mr. Navin Soni, the Bank had sent a letter dated 8th October, 1996 raising various queries. Mr. Navin Soni replied to the queries raised by the Bank by his letter dated 12th October, 1996.

(3.) ON 27th October, 1998, the said Navin Soni, who is not a party to the present petition made a complaint to the DCP West that the said cheques which were lost by him, were stolen by the petitioner and he has forged them and on the basis of the forged cheques, a forged agreement to sell dated 14th January,1998 was also prepared by him.