MOHAN LAL BAGHLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, Mohan Lal Baghla, a partner of a firm, was running a brick-kiln at Raman Mandi upto the year 1985 alongwith two other partners, who have since been expired. The firm used to supply bricks to the Punjab State Tubewell corporation at Talwandi Sabo. One Lakhwinder Singh, who was working as a Junior Engineer with the Corporation, made a demand for two lacs bricks and also paid a sum of Rs. 18,813/- to the petitioner as advance payment for the bricks by way of a cheque dated 20.4.1982. The firm supplied 75,500 bricks but the balance quantity was not supplied despite various requests made by the complainant. In the meanwhile, Lakhwinder Singh was transferred from Talwandi Sabo, but re-posted there in the year 1985. On his return he lodged F.I.R. No. 64 dated 21.11.1992. under section 406 of the Indian Penal Code, at Police Station, Raman making allegations that a breach of trust had been committed with respect to the supply of the balance number of bricks as despite payment the complete supply had not been made.

(2.) The present petition has been filed under section 482 of the code of Criminal Procedure seeking the quashing of the F.I.R. and subsequent proceedings and a positive plea has been taken that the entire quantity of bricks had been supplied but had not been show in the stocks of the corporation.

(3.) Notice was issued on 30.9.1993 and further proceedings were stayed in the meanwhile. It is the conceded position that the proceedings remain stayed as of today. A Reply has been filed by the Senior Superintendent of Police Bathinda controverting the pleas raised by the petitioner.