RAVI BANSAL Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Prayer in the present petition is for quashing of FIR No. 155 dated 4.9.2004 registered under Sections 409,420 and 120-B IPC at Police Station Focal Point, Ludhiana as well as other proceedings arising therefrom qua petitioner, namely, Ravi Bansal.

(2.) Briefly, the facts of the case as stated in the present petition are that M/s Arihant Threads Ltd. is a firm having its registered office in District Amritsar and was having business dealings with M/s Neeraj Enterprises, which is having its Branch office in Indore (Madhya Pradesh) and Head Office at Kotkapura. Both the firms reached to a Memorandum of Understanding (MOU), which was signed by representatives of both the firms. As per Memorandum of Understanding, M/s Arihant Threads Ltd. was to provide 17 cheques to M/s Neeraj Enterprises for a sum of Rs. 7,50,000/- each towards part payment of old outstanding amount in favour of M/s Neeraj Enterprises. It was also agreed that M/s Neeraj Enterprises was to supply 1200 bales of cotton per month from Madhya Pradesh and payment of the same was to be made as per Memorandum of Understanding. Cotton bales were not supplied to M/s Arihant Threads and accordingly the matter was brought to the notice of respondent No.2 being representative of M/s Neeraj Enterprises and instead of returning cheques or supplying cotton bales, respondent No.2 instituted various complaints at Faridkot, Sriganganagar and Hanumangarh under Section 420 IPC as well as Section 138 of Negotiable Instruments Act (hereinafter referred to as 'the Act'). The present FIR was also got registered by concealing the fact that complaints under Section 138 of the Act were also filed.

(3.) The present petition has been filed for quashing of FIR on the ground of jurisdiction as well as the fact that the dispute is of civil nature and as the complaints under Section 138 of the Act were already filed, FIR could not be lodged when complaints under Section 138 of the Act were pending.