JARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JARNAIL Singh by means of this petition, under Section 482 Cr.P.C. seeks quashing of the FIR No. 98 registered on February 8, 1985 at police station City Yamunanagar, for offences under Sections 420, 467, 468 and 471 IPC. The impugned FIR was registered on the basis of an application moved by Jagjit Singh of Yamunanagar.

(2.) ACCORDING to the averments made, Jagjit Singh was working as a truck operator and he purchased a truck. with Chassis No. 7284, hypothecated to Bank of India, Saharanpur, for Rs. 1,20,000/-. He sold this truck to Jarnail Singh, petitioner, on April 7, 1980 for Rs. 1,55,000/- and received Rs. 40,000/- in cash and issued a receipt thereof. It had been agreed that Jarnail Singh will pay the balance amount of loan to the Bank and the registration documents will be transferred in his name after the entire amount is paid. Before this sale, the complainant had already paid an instalment of Rs. 5,000/-. After the sale, Jarnail Singh made payment of 11 instalments of Rs. 5,000/- each and one instalment of Rs. 10,000/- making a total of Rs. 65,000/- to the Bank. With effect from October 31, 1981, Jarnail Singh stopped paying the instalments. Jagjit Singh then reported the matter to police station Yamunanagar in September 1984 and Maheshwar Singh, Thanedar, visited the village Harnam Singhwala for inquiry and from there he took the track into custody, but this truck was ultimately obtained on superdari from the Court by Jairnail Singh after producing a forged receipt of payment. Jarnail Singh issued a notice to the complainant from where he learnt that Jarnail Singh had forged the receipt of Rs. 1, 15,000/-. He had thus defrauded the complainant by forging the receipt.

(3.) LEARNED counsel for the petitioner states at the bar that the can cellation report has not been accepted by the Magistrate. Even after further investigation, the police has submitted a report dated September 17, 1988 and even that report has not yet been accepted.