BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No.187 dated 24.12.2009 (Annexure P6) registered at Police Station Raikot, District Ludhiana under Sections 406,420 of the Indian Penal Code,1860 ('IPC' for short) along with all consequential proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the dispute between the parties is purely civil in nature being money dispute. Complainant has already filed a civil suit for recovery of the amount in question. Hence, the criminal proceedings against the petitioner could not continue. In support of his arguments, learned counsel has placed reliance on the judgment of the Apex Court Joseph Salvaraj v. State of Gujarat and others, 2011 3 RCR(Cri) 632.

(3.) Learned State counsel as well as counsel for respondent No.2, on the other hand, have opposed the petition. Learned counsel for respondent No.2 has submitted that the petitioner had cheated the complainant and had misappropriated the amount in question.