SEHDEV SHARMA Vs. STATE OF MP

JUDGEMENT

(1.) Preferring this petition under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for a direction to the respondents to lodge the FIR against the accused persons for the offence under Sections 380, 420, 467 and 468 of IPC.

(2.) The facts in short are that the petitioner has lost his pass book and cheque book and he had given written complaint to the Manager, Punjab National Bank, Hazira, Gwalior with regard to the missing cheque and pass book and received acknowledge from the bank. Thereafter on 10.8.2018, the petitioner received a notice under Section 138 of the Negotiable Instruments Act that the cheque issued by him to Dinesh Kumar Sikarwar has been dishonored by the Bank.

(3.) It is submitted by counsel for the petitioner that Dinesh Kumar has forged the cheque and tried to receive money from the Bank account of the petitioner. The petitioner filed a complaint to the concerned police station but no report was lodged. Hence, learned counsel for the petitioner prayed for a direction to the respondents to register the FIR against the accused persons in the light of Lalita Kumari vs. State of UP, 2005 5 MPHT 336 (SC)] for breach of trust and theft.