SARDARI LAL OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) M/s Sardari Lal Om Parkash through its partner Om Parkash has come to this Court in this Criminal Misc. under Section 482 of the Code of Criminal Procedure, for quashing of the First Information Report No. 33 dated 19.1.1988, under Section 420 of the Indian Penal Code, registered at Police Station, Fatehabad, District Hissar.

(2.) The petitioner-firm consists of Smt. Ram Piari, Om Parkash and Som Parkash as partners. The firm has a current account in branches of almost all the banks situated in Fatehabad, including Punjab National Bank. The case (FIR) against the petitioner-firm has been got registered by the Punjab National Bank, on the basis of a communication addressed to the Station House Officer, Fatehabad, Annexure P.5. The facts alleged therein may be briefly narranted as under :

(3.) On 22.1.1987, cheque No. ODR-949225 for withdrawal of Rs. 21,500/- from the Bank was presented by Virender Singh, Munim of the firm, an authorised representative of the firm. It was signed by Om Parkash partner. The cheque was honoured and this amount was received by Virender Singh, Munim. By a clerical mistake, this amount of the cheque was not posted in the Ldger of the Bank, inadvertently, although entries were made in the other books of the Bank. Again, on 2.2.87 cheque No. 454909 also for Rs. 21,500/- duly signed by Om Parkash, partner, was presented by Virender Singh, Munim and honoured by the Bank and was entered in its books of accounts. The clerical mistake of the non-posting of the first cheque came to notice at the time of tallying the balances during the month of August, 1987. Then an entry was made in the Ledger, thereby resulting in the debit balance of Rs. 41,700.79 p. against the firm. The firm was then approached to make a deposit of the excess amount alongwith interest. Letters dated 11.9.1987 and 13.9.1987 were also issued. Instead of making the payment, the firm even denied having issued the second cheque No. COL 459409 dated 2.2.1987. Payment of both the said cheques had been received by Virender Singh, Munim authorised representative of the firm and the signatures of the person drawing the cheque had also been got compared from the Hndwriting Expert, but the firm, with the intention of defrauding the Bank, was not ready to accept having received the amount. When the firm was asked to pay the debit balance, its partners refused to do so. A prayer ws, thus, made that the amount in question be recovered from the firm and paid to the Bank.