BHAG CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Hon'ble Instant writ petition has been filed for quashing the FIR No. 14 of 2021, under Sec. 420 IPC, Police Station Badkot, District Uttarkashi lodged by the respondent no.3 on 12/2/2021.

(2.) According to the FIR, the petitioner runs a meat shop in Tyuni, District Uttarkashi. In the year 2019, he purchased goats of value Rs.12,16,700.00. The petitioner paid Rs.3,50,000.00 and for the remaining amount, he gave a cheque which when presented was dishonored. Subsequent to it, the petitioner again gave a cheque to the informant of Rs.50,00,000.00, but it could not be honoured because there were discrepancies in the amount written on it. The informant claimed his amount from the petitioner, but instead of making payment the petitioner executed an agreement. Thereafter, Rs.80,000.00 were given to the informant by the petitioner and remaining amount was not paid. Thereafter, the petitioner started threatening the informant to life. There are other averments as well in the FIR.

(3.) Learned counsel for the petitioner would submit that the allegations of dishonouring of cheque is of the year 2019 for which appropriate remedy in under Sec. 138 of the Negotiable Instruments Act, 1881. It is argued that an agreement has been executed between the parties, which provides remedy. The informant could have availed that remedy in civil court and there is no element of criminality in the instant matter.