DINESH TREHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Mohit Singh, learned counsel for the petitioner, Sri S.K. Tripathi and Sri Manu Khare, learned counsel for the respondent no. 3 and the learned A.G.A. appearing for the State.

(2.) The relief sought in this petition is for quashing of the F.I.R. registered at case crime no. 626 of 2011, under Sections 420, 467, 468 and 471 IPC, P.S. Sector 20 Noida, District Gautambudh Nagar.

(3.) The allegation against the petitioner in the first information report is that he approached the respondent no. 3 and stated that he wants to construct flats after dismantling his house i.e. House No. B-35, Sector -20 Noida and he would give him ground floor and Ist floor by November, 2010. The petitioner told the informant that for the said purpose, he requires money from him for which an agreement to sale was executed between them on 5.5.2010 as security. The informant gave Rs. 20 lakhs in cash to the petitioner who assured that he would give the possession of the said flat to the informant by building the same by November, 2010 but the petitioner did not fulfil his promise. After taking the money from the informant, he started making excuses by saying that he would give him the flats. When the informant pressed hard to the petitioner to return his money, on which petitioner gave the post dated cheque No. 237307 of Rs. 20 lakhs dated 16.6.2011 of Bank of Rajasthan, Branch Janpath New Delhi. The informant when produced the said cheque through his Banker HDFC then the said cheque was dishonoured and returned to the informant's banker with an endorsement that the payment of the said cheque has been stopped by the drawer. The informant further enquired from the Bank and he came to know that the said account was a Joint Account of two persons and the said account was operative by the signature of the said two persons and further there was insufficient fund in the said account. The informant further alleged that the petitioner prepared forged papers deliberately and dishonestly in order to put him to wrongful loss.