PARDEEP KUMAR DHINGRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRM-5525-2020 As prayed for, application is allowed. CRM-M-47799-2019

(2.) The present petition has been filed for quashing of FIR No.105 dtd. 12/6/2019 registered under Ss. 406 and 420 of the IPC at Police Station City South, District Moga and all the subsequent proceedings arising therefrom on the ground that the dispute is civil in nature.

(3.) Learned counsel for the petitioner argues that even, from the bare reading of the present FIR, it is clear that the dispute is with regard to the recovery of payments, which according to the complainant, he is entitled for, in respect of the work, which has been executed by the complainant in favour of the petitioner in the year 2015 as per the agreement executed between the complainant and the petitioner. Learned counsel for the petitioner submits that as per the complainant, allegedly a sum of Rs.42,38,500.00 is due towards complainant in terms of the said agreement and the said amount is not being paid by the M/s Sahil Builders, of which the petitioner is a partner. Learned counsel for the petitioner submits that as the alleged claim of Rs.42,38,500.00 is being made on the basis of an agreement in respect of the work purported to have been executed by the complainant for M/s Sahil Builders, ingredients of Ss. 406 and 420 of the IPC are not fulfilled as the complainant has a remedy of filing civil suit for recovery of the said amount in case, the complainant is entitled for the same. Learned counsel for the petitioner submits that claim of the complainant in respect of Rs.42,38,500.00 is vehemently denied by the petitioner and even otherwise as the dispute is totally civil in nature, learned counsel prays that the present FIR along with subsequent proceedings initiated, may kindly be quashed.