VIJAY KUMAR Vs. KARTAR SINGH

JUDGEMENT

(1.) THE petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) relates to quashment of impugned order passed by Sub Divisional Judicial Magistrate, Dabwali, dated 18th July, 1989, Annexure P1, whereby on the complaint, Annexure P3. filed by Kartar Singh complainant, the Station House Officer, Police Station City, Dabwali, was ordered to register a case and conduct investigation under Section 156(3) of the Code, as well as impugned first information report Annexure P2 registered against the present petitioners under Sections 406/418/192/426/465/463/47 1/504/506 of the Indian Penal Code.

(2.) ACCORDING to the allegations made in the complaint, on 20.6.1986, Vijay Kumar, the present petitioner being representative of M/s Anil Steel Corporation went to the shop of the complainant i.e. M/s Kartar Singh Agricultural Implements Co., G.T. Road, Mandi Dabwali and demanded the payment of Rs. 10,691.13. The complainant agreed to give a cheque of Rs. 7000/- and to pay the remaining amount of Rs. 3,691.13 after 25-6-1989. The co-complainant who could only sign the cheque in Punjabi was unable to fill up the form of the cheque and on the assurance given by Vijay Kumar that he will fill up the amount of Rs. 7,000/- in the cheque, the complainant handed over the blank cheque bearing No. 921532 drawn on Punjab National Bank, Mandi Dabwali, to him in the presence of Mohinder Singh and Narain Dass. Later on M/s Anil Steel Corporation got issued a notice through their lawyer to the complainant stating therein, that the complainant had purchased articles worth Rs. 48,400/- the shop of Vijay Kumar and the latter in conspiracy with other, associate members of the Company had written Rs. 64,186/- in the aforesaid blank cheque, instead of Rs. 7,000/- and also prepared a false record in their books about the purchase of articles. The complainant never purchased articles on 21-6-1989 worth Rs. 48,400/- from the shop of Anil Steel Corporation during the last two years. M/s Anil Steel Corporation never gave bill number/case memo number about the purchase of such huge amount articles. Nor they gave any details of such articles and it was rather strange that the said Company would supply articles of Rs. 48,400/- without getting the signatures of the complainant. In conspiracy with each other and other partners, M/s Anil Steel Corporation have fabricated amount of Rs. 64,186/- instead of Rs. 7,000/- in the cheque and thereby they caused wrongful loss to the complainant and wrongful gain to themselves. Thereby both the accused-petitioners and their associate partners of the firms M/s Anil Steel Corporation committed an offence punishable under Sections 406/192/418/426/465/468/471/474 read with Sections 504 and 505 of the Indian Penal Code. The complainant approached M/s Anil Steel Corporation and Vijay Kumar and complained to them about the wrong entry of the amount in the cheque, but both the accused threatened the complainant, that in case he initiated any proceedings against them they will ruin him by lodging false civil and criminal false cases and also abused him.

(3.) ON behalf of the petitioners it was submitted that the Sub Divisional Judicial, Magistrate, could only direct the police to conduct investigation concerning the allegations made in the complaint (Annexure P3) under Section 156(3) of the Code and could not order the Investigating Agency to register a case.