DHARAM PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SECOND respondent-Tara Singh gave an application against petitioners-Dharam Pal, Ved Pal and their father Krishan Lal, on the basis of which F.I.R. No. 140 dated 7.11.1998 has been registered under Section 420 I.P.C. at Police Station City Khanna. The allegations against them are that Krishan Lal and his sons (petitioners) are partners of the firm M/s K.L. Aggarwal and Sons and they requested the complainant to give them a loan of Rs. 4.5 lakhs for their firm promising to give a cheque for this amount. The further allegation is that they accordingly took a loan of Rs. 4.5 lakhs for their firm, issued a cheque dated 1.10.1997 for the said amount, but when the cheque was presented by the complainant through his bank, the same was dishonoured. According to the complainant had they not given the cheque, he (complainant) would not have advanced the loan. The case of the complainant is that right from the beginning their intention was to cheat him (complainant).

(2.) THE petitioners have, therefore, approached this Court under Section 482 Cr.P.C. for quashing the above said F.I.R.

(3.) ON notice, reply has been filed by the State of Punjab, stating that the charge-sheet has already been presented before the trail Court on 15.9.1999 itself, and therefore, there are no grounds for quashing the F.I.R. at this stage. The State has also alleged that the petitioners are partners of M/s K.L. Aggarwal and Sons and that they borrowed this amount for the said firm and issued the cheque to the second respondent. The other allegations in the petition have been suitably replied on behalf of the State.