R K JAM Vs. STATE OF DELHI

JUDGEMENT

(1.) By this petition the petitioner herein Shri R.K. Jam is seeking quashing of the First Information Reports bearing Nos. 341 of 1985 and 344 of 1985 registered against him for offence under section 420, Indian Penal Code by the Station House Officer, Rajouri Thana, Rajouri (Jammu and Kashmir). He further seeks directions to the Police of Rajouri Thana not to take any proceedings in pursuance of the said two F.I.Rs. To appreciate the contentions raised in the petition it is necessary to notice a few facts:

(2.) Brigadier S.S. Sethi (respondent No. 4 herein) is the owner landlord of House No. B-5/133, Safdarjung Enclave, New Delhi. The ground floor of this house wall let out to the petitioner herein. Initially the rent agreed to be paid by the petitioner was Rs, 750/ - per month but it was increased gradually to Rs. 1500/- per month by the relevant time, i.e. April, 1985. Brig. S.S. Sethi, it appears, was posted in the Army Headquarters at New Delhi and was transferred to Jammu in April 1985.

(3.) The allegation in the petition which is not specifically denied by respondent No. 4 is that on his (respondent No. 4's) transfer, he authorised his father-in-law to receive rent from the petitioner herein. The case is that two crossed cheques of Rs. 1500/- each bearing Nos. 0770962 and 0770963 dated the 7th July. 1985 towards rent were handed over by the petitioner to respondent No. 4 who had come to Delhi on leave. Those two cheques were drawn on Canara Bank, Nehru Place, New Delhi. However, those were dishonoured and later on assurance of the petitioner herein that he had enough funds, those two cheques were deposited by respondent No. 4 in his account at Rajouri (Jammu and Kashmir). Again those were dishonoured. Respondent No. 4 then filed a complaint before the Chief Judicial Magistrate, Rajouri, who marked the same for investigation to the Station House Officer of Rajouri Thana (respondent No. 2 herein) Thereafter another cheque for Rs. 1500/- paid towards rent for the month of September, 1985 by the petitioner was also dishonoured on deposit. This cheque was also deposited by respondent No. 4 at Rajouri. As the cheque bad been dishonoured and the earlier complaint had been referred by the learned Magistrate to the S.H.O., Rajouri for investigation, respondent No. 4 lodged another F.I.R. under section 420 of the Indian Penal Code with that Police Station.