NARINDER SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) Accused-Narinder Singh has filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for quashing FIR No.57 dated 29.04.2011 (Annexure P-1) registered under Sections 420, 465, 467, 468, 471, 120-B IPC at Police Station Division No.2, District Jalandhar.

(2.) Respondent No.3-complainant Malkiat Singh Recovery Inspector of M/s. Jalandhar Cargo Advance Limited a finance company, lodged FIR against petitioner and his wife s brother Kashmir Singh and one Mangal Singh. It is inter alia alleged in the FIR that Kashmir Singh along with Mangal Singh approached the finance company for finance of truck No.PB-04-L-9831. Accordingly, the finance company advanced loan of Rs.3,90,000/-. Mangal Singh stood guarantor. Necessary documents were executed. Loan amount was paid by the finance company to Kashmir Singh by way of cheque. Kashmir Singh and Mangal Singh took the original Registration Certificate (RC) of the truck on the pretext that the same is required to be kept in the truck and they would get endorsement on the RC regarding hire-purchase in favour of the finance company. After few days, Kashmir Singh and Mangal Singh gave photostat copy of RC of the truck with endorsement of hire-purchase in favour of finance company and told that the original RC with endorsement of hire-purchase in favour of the finance company is kept in the truck which is away. Believing the said version of the said accused, the finance company accepted photostat copy of the RC. Narinder Singh who is brother-in-law of Kashmir Singh principal debtor, also already had some loan accounts with the finance company and his dealings were very good. Narinder Singh assured the finance company that the aforesaid photostat copy of RC is correct copy of the original RC.

(3.) However, later on, it transpired that the truck itself had never been manufactured and in fact correct number of the truck was HR-58-A- 1903 registered in the name of one Raj Kumar. The accused told the finance company that they had sold the truck at Yamunanagar. They refused to return the loan.