VINAY MEHRA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Vinay Mehra, petitioner has preferred this criminal miscellaneous under Section 482, Cr.P.C for quashing of FIR - 964/88 dated 4-12-1988 under Sections 415/420 IPC; report under Section 173, Cr.P.C. and charge dated 20-4-90, Annexure PI to P3 respectively.

(2.) The complaint made by M/s Parkash & Co., respondent - 2 against M/s. Harrison Tyre Company/K aniska Tyres & Tubes Ltd., Sonepat was forwarded to the Police for investigation under Section 156(3) Cr.P.C. On the basis of the complaint, the impugned FIR was registered. According to the allegations made therein, the complainant was appointed as a dealer by M/s. Harrison Tyre Company/Kaniska Tyres & Tubes Ltd. On that basis, the complainant made a deposit of Rs. 10,000/- as security. There were business dealings between the complainant and the accused in 1985 - 86. In 1986, the accused stopped supplying goods.

(3.) On settlement, the complainant had to give sales tax declaration forms, as proof of purchase of goods, worth Rs. 46,385.76 paise. On 27-10-1987, Babu Lal Gulati visited the premises of the complainant and induced him to give sales tax declaration forms and also delivered a cheque for Rs. 7,693.80 paise drawn on PNB, Sonepat. This cheque was given towards payment due from the accused to the complainant. The declaration forms were given on wrongful representation that the cheque delivered by him, would be encashed when presented. When the cheque was presented, it was dishonoured with the remarks "exceeds arrangement". When again presented, it was not cleared on account of the reasons "payment stopped by the drawer". The complainant then approached the accused for making payment and having failed to receive a response, an application was made to the SSP, but the police failed to take any action.