VIRENDER KUMAR JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, the Code), for quashing the First Information Report No. 356 dated 20.7.1982 registered at Police Station Ambala City under Section 420, Indian Penal Code, and the proceedings taken in consequence thereof. In the first information report it has been mentioned that the petitioner Virender Kumar Jain alongwith the other accused came to the office of the firm M/s. Wazir Singh Bhagat Singh at Ambala City and issued three cheques in favour of the complainant firm. These cheques were presented to the Bank and were dishonored as no amount was lying in the credit of the accused -petitioner. The contents of the First Information Report further reveal that when the cheques were dishonoured, then the cash amount of Rs. 7000/ - was outstanding against the petitioner. It is alleged in the petition that the dispute is of a civil nature and prima facie no offence has been committed by the petitioner and, therefore, the first information report be quashed.

(2.) FOR an offence under Section 420, Indian Penal Code, delivery of property to any person by dishonest, inducement and cheating is necessary. In the instant case, there is nothing to suggest that the petitioner in any way cheated the complainant firm. It is not alleged in the first information report that the complainant party was induced to do anything such less to hand over any property to the accused -petitioner. The cheques were issued in the settlement of the debts which were due from the accused -petitioner. So the petitioner did not make any false representation at the time, the cheques were issued and handed over to complainant party. The cheques given to the complainant party were ultimately dishonoured. This will not in any manner constitute the offence of cheating. The matter is purely of civil nature. The petition is, therefore, allowed and the First Information Report No. 356 dated 20.7.1982 registered at Police Station Ambala City against the petitioner is hereby quashed.