SANTOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SANTOKH Singh and others have moved this Criminal miscellaneous under Section 482 Cr. PC. for quashing of the First Information Report No. 178 dated 15-11-90 for offences under sections 420, 406, 506 IPC, registered at Police Station A-Division, Amritsar.

(2.) THE impugned FIR Annexure P1 was registered on the basis of a statement made by Hari Krishan Bhatia of firm M/s. R.L. Bhatia and Sons, Military Contractors. The allegations made therein are to the effect that this firm had taken the contract for the supply of vegetables to the Army at Jammu and Udhampur. The petitioners approached them and undertook to execute the contract on behalf of the firm and they were even given power of attorney along with a sum of Rs. 1,00,000/- to enable them to carry out the work. The petitioners were responsible for profit and loss of the work. They continued to carry out the work till 10-3-1990. They then approached the complainant that the vegetables at Jammu were in short supply and that the same might be supplied from Amritsar and that - they would make the payment therefor. On this plea, goods worth Rs. 1,32,000/- despatched from Amritsar to the petitioners during 10-3-90 to 31-3-90. On 31-3-90 the complainant, along with Janak Raj Bhatia visited Jammu and gave a statement of account and asked the petitioners to make payment. They, however, disclosed that the bills had not been passed and the payments would be made as soon as they got payment of outstanding bills. The complainant and his companion then returned, believing that they would not be cheated as the party was good. They then received an information from the Military Supply Depot that the petitioners were not executing the contract properly. The complainant then visited Jammu and met the petitioners and learnt that the goods sent had not been duly supplied to the Army. Even the freight of the goods had not been paid. He then asked the petitioner to settle the accounts, but they put the matter off. The complainant then took over the execution of the contract. Sharan Pal Singh and Joginder Singh also agreed that they would pay the loss if any for the execution of the work. They also assured that they would finalise the accounts by visiting Amritsar and would make payment. On 4-11-90 all the petitioners visited Sabzi Mandi, Amritsar and settled the accounts. The petitioners accepted the accounts and promised to make the payment later. The complainant, however, insisted on immediate payment at which the petitioners got flared up and Sharan Pal Singh and Joginder Singh slapped him and also threatened to kill him at the spot. All the three petitioners held out a threat that if they even visited Jammu, their dead bodies would only come. They then left. The petitioners had, thus, cheated the complainant and misappropriated the goods.

(3.) IN case it is accepted that on account of this dispute about payment the petitioners flared up and hurled abuses the same does not make out any cognizable offence.