ROSHAN LAL SAINI Vs. UNION TERRITORY

JUDGEMENT

(1.) ROSHAN Lal who is the Managing Director of Vishav Kiran Savings & Finance Limited and Pawan Kumar Aggarwal have come in this petition under Section 482 Cr.P.C. for quashing of FIR 262 dated June 29, 1991 registered at police station Central Chandigarh for offence under Section 420 IPC.

(2.) THE impugned FIR was registered on the basis of an application moved by Gurajan Singh and so far as relevant, it reads as under :

(3.) THERE is no allegation made in the petition as to the conditions on which the complainant made the deposit with the company. If the complainant is able to establish making of a deposit and a demand for withdrawal of the amount then unless there was a contract between the parties that the amount is to be returned only after a specific period of time then the refusal to pay the amount left in trust with the company will amount to a criminal offence. The petitioners cannot get away with the plea that the dispute was purely of a civil nature and no case could be registered. From the facts stated in the FIR all ingredients of criminal offence are made out. If the petitioners have a defence, they shall have to show it to the trial Court. I may also add that in these proceedings, no inquiry is to be made to find out the truthfulness or otherwise of the FIR. If any authority is needed, a reference be made to State of Haryana v. Ch. Bhajan Lal, JT 1990(4) SC 650 . No case is, thus, made out for quashing the FIR. This petition is hereby dismissed. Petition dismissed.