RAM SHARAN SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAM Sharan has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 190 dated March 29, 1988 registered at Police Station, Sadar, Gurgaon, under Sections 420, 467, 468, 471/34 I.P.C. (Annexure P/1) as the same did not disclose any offence and amounted to abuse of the process of Court.

(2.) THE facts giving rise to the present petition are that Ashok Kumar one of the partners of M/s Asha Nand Roshan Lal reported that the firm M/s Asha Nand Roshan Lal, Basai Road, Gurgaon, dealt in steel besides other items. Ram Sharan petitioner was the Director of M/s Gemini Enterprises Limited, Industrial Area, Bhiwadi, Rajasthan. He along with another person visited the premises of the complainant Ashok Kumar on 24th February, 1987 and told that their firm wanted to purchase steel, so tender of bars of steel may be given. The tender was offered. On 2nd March, 1987, both of them approved and accepted the tender of bars and told that they required steel for their company and they wee authorised for purchasing the same. They also told that payment will be made forthwith by a post dated cheque of the amount and if that amount did not cover the price of steel, another cheque covering the whole of the price will be issued later. Taken in by their misrepresentation and fraudulent and deceitful inducement, the complainant agreed to sell the desired steel. On the same day Ram Sharan and his companion selected the desired steel and issued a post dated cheque bearing the date of 15th March, 1987 drawn on Canara Bank, Nehru Place, New Delhi, in the sum of Rs. 1,80,000/ -. They assured that the cheque on presentation will be immediately encashed as they had the requisite amount in the bank. The steel selected by them was taken away in two truck loads on 2nd March, 1987 and the third truck was sent on 3rd March, 1987. Cheque was handed over to the Central Bank of India, Gurgaon for encashment but the same was returned with the remarks 'refer to drawer' as the firm of Ram Sharan had no money to meet the amount of the cheque. The amount was demanded and Ram Sharan issued another cheque on 15th June, 1987 in the sum of Rs. 1,00,000/ - drawn on Corporation Bank, Chandigarh, which also bounced and could not be encashed for the similar reason. Ram Sharan and the Commercial Manager of the firm, thus, had dishonest intention right from the beginning as they knew that they had no money in their accounts and the cheques issued by them would never be encashed.

(3.) THE petitioner contended that no misrepresentation was made to the complainant nor the complainant was induced to agree to sell the steel to the company. The mere fact that the cheques wee not encashed was no ground to conclude that he had committed the office under Sections 420, 467, 468 I.P.C. etc. No offence was made out as per allegations made out in the complaint or by the material collected during the investigation of the case. Even the goods which were supplied by the complainant were taken away with the help of the police after the complainant was taken into custody.