SUKHDEEP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.) seeking quashing of FIR No. 84 dated 6.6.2003 registered under Sections 406,420 and 34 of the Indian Penal Code (for short 'IPC') at Police Station City Kapurthala (Annexure P1) as well as all the subsequent proceedings arising therefrom . The contents of the FIR (Annexure P1) read as under :-

(2.) Learned counsel for the petitioner has submitted that the complainant had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') against Gurdip Singh qua cheque No.169685 dated 15.11.2002 for a sum of Rs. 2,00,000/- and cheque No.169691 for Rs. 25000/-. Since Gurdip Singh was not traceable, the complainant has falsely involved the present petitioners by lodging the FIR in dispute as the petitioners are the wife and sons of Gurdip Singh. In support of his arguments, learned counsel has placed reliance on G.Sagar Suri v.State of U.P., 2000 1 RCR(Cri) 707 and Vir Prakash Sharma v. Anil Kumar Agarwal and another, 2007 3 RCR(Cri) 960.

(3.) It has been held in State of Haryana v. Bhajan Lal, 1992 Supp1 SCC 335, the Apex Court has held as under :-