SHAM LAL VERMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) relates to quashment of impugned First Information Report No. 19, dated 2-3-1937, under Sections 406 & 420 IPC registered at Police Station Samrala (Annexure P-1) and subsequent proceedings taken thereunder.

(2.) IN brief, facts relevant for the disposal of this case, as emerge from impugned First Information Report (Annexure P-1) registered on the basis of the statement of Lachhman Singh, first informant, are, that in the year 1982 he returned from Greece and brought with him Rs. 1,70.000/-. He became friend of Varinder Kumar and his uncle co-accused Sham Lal. In December, 1982 he purchased Truck No. CHW 9291 owned by Sham Lal. On the guarantee furnished by Virender Kumar, petitioner, the first informant paid Rs. 38,000/- and the rest was to be paid by him to the said vendor by instalments. The first informant plied the truck for about 13 months. During this period he paid seven instalments of the vehicle amounting to Rs. 5200/- through Punjab National Bank, Parwanoo with whose arrangement Sham Lal (petitioner) had purchased the truck, on the basis of hire-purchase agreement. After about 13 months or so both the accused-petitioners came to the village of the first informant and told him that they wanted to show the said vehicle to Parwanoo Bank and also informed him that they would return the vehicle on the following day. The first informant sent the truck with the accused-petitioners. His driver Dheri also accompanied them at that time. On the following day the truck driver returned and informed the first informant that both the accused-petitioners gave him beating after they reached the house of Sham Lal petitioner in Manimajra and threw him out of the truck. The first informant enquired from both the accused-petitioners about this truck but they did not give any satisfactory reply. Thus, both the petitioners by playing fraud on the first informant took away his truck from his house in village Diwala.

(3.) THE accused-petitioners waited for some time but Lachhman Singh complainant failed to make the payment to the bank, which, instituted a suit against the petitioners who, then gave the registered legal notice to the complainant for making the payment copy whereof is Annexure P-5. The first informant failed to make the payment and the truck was given to the bank and ultimately the truck was sold with the consent of the bank, and the entire sale proceeds were deposited with the bank by the accused-petitioners. The accused-petitioners had also deposited some amount from their own pocket. Thus, with the sale proceeds of the truck, the bank loan was cleared, The petitioners had to suffer loss because of the illegal act of the first informant, as he did not make the payment to the bank. The first informant in connivance with the local police got a false case registered against the petitioners, who, were also illegally detained in the police station. It was further pleaded that subsequent purchaser of the truck has also filed a suit against the present petitioners regarding the same truck and the said suit is pending in the Civil Court at Ambala and that the registration of the impugned first information report, and, the investigation conducted therein amounts to abuse of the process of the Court.