ARUN CHAWLA Vs. STATE OF U P

JUDGEMENT

(1.) By the instant petition under section 482 Cr.RC, the petitioner Arun Chawla has prayed for quashing the proceedings of the criminal case No. 6736 of 2007 - State v. Arun Chawla & others (case crime No. 516-B of 1998) under sections 406,420,467,468,471 and 120-B IPC, police station Hazratganj, district Lucknow, pending in the court of Judicial Magistrate - II, Lucknow.

(2.) I have heard Mr. Satyendra Kumar Singh, the learned counsel for the petitioner, the learned AGA for the State of U.P. and the learned counsel appearing for the opposite party No.2 Smt. Neeru Tripathi and perused the record.

(3.) The opposite party No.2 Smt. Neeru Tripathi made a fixed deposit of Rs. Fifty thousand with M/s Rock Land Leasing Limited having its zonal office at 81. Halwasiya Market, 2nd Floor, Hazaratganj, Lucknow, which issued post-dated cheques in her favour regarding the maturity amount of the fixed deposit. When the opposite party No.2 tendered the cheques to her banker for encashment, the same were dishonoured. It is also alleged that the opposite party No.2 visited several times to the office of the company but no attempt was made by the officers and employees of the company to make the payment. When she visited third time to the office of the company, certain anti-social elements, who were present in the office, forcibly snatched away the post-dated cheques from the opposite party No.2 and told that she would not be paid even a single penni. On her repeated requests the cheques were however, returned to her. The petitioner happens to be one of the officers of the company is alleged to be responsible for the offences of criminal breach of trust, cheating and forgery.