GURDEEP SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) GURDEEP Singh has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the complaint dated 22-2-1992 Annexure P-1 and the order dated 2-4-1992 passed by Judicial Magistrate Ist Class, Ludhiana summoning the petitioner under Section 420 of the Indian Penal Code.

(2.) RAJINDER Singh petitioner filed complaint against the petitioner for an offence under Section 420 of the Indian Penal Code on the allegations that he came in contact with the petitioner during the purchase of plot No. 830 situated in Phase III S. A. S. Nagar and paid him a SL of Rs. 5000/- as commission vide cheque dated 4-12-1991. He was to construct a house on the plot immediately. The petitioner came to Ludhiana at his residence on 6-12-1991 and represented that he was dealing in shuttering material and timber/wood and offered to supply champ timber of 'A' class quality at the rate of Rs. 300/- per cubic feet within 15 days time in the presence of Captain Ujagar Singh, Surjit Singh and K Ranbir Singh. Accepting the representation made by the petitioner as true he gave him a cheque of Rs. 52,500/- for the supply of timber before 20-12-1991. The petitioner did not supply the timber as agreed and also refused to return the amount. On enquiry it was found that he was not dealing in timber and his representation was totally false.

(3.) I have heard the counsel for the parties.