NEERAJ GARG AND ANOTHER Vs. PRAVEEN KUMAR GUPTA

JUDGEMENT

(1.) At the outset, it is pertinent to mention that none has turned up on behalf of the respondent despite sufficient service. So, this Court rendered hearing to learned Counsel for the applicants. Also perused papers on record.

(2.) Facts, as emerging out from the record, are that an FIR was lodged on 16.6.2009 by the respondent Praveen Kumar Gupta against the applicants for the offence of Section 420 IPC alleging the incident of 4.6.2009. The allegation was that both the accused applicants issued two separate cheques to the complainant, but the same were dishonoured by the bank. Complainant Praveen Kumar Gupta alleged that he was allured by the accused applicants with the promise to double the money in a specified period.

(3.) Matter was investigated, whereupon police submitted the final report. The Investigation Officer unfolded the true story and found that Praveen Kumar Gupta had given a debt to the applicants and in lieu of that debt the applicants issued the blank cheques to Mr. Gupta. Later on dispute arose and the FIR was lodged by Mr. Gupta. It was also found that Mr. Praveen Kumar Gupta had already instituted the complaints against the applicants Neeraj Garg and Praveen Kumar Garg under Section 138 of the NI Act with respect to the same cheques and that complaints were pending at that time in the competent court. Copies of those complaints have been annexed with this petition. Mr. Praveen Kumar Gupta filed protest petition against the final report, which was rejected by the learned Chief Judicial Magistrate, Dehradun vide order dated 25.9.2010 and thus the final report was accepted.