LAWS(P&H)-2014-10-148

PRASHANT SHARMA Vs. STATE OF PUNJAB & ANR.

Decided On October 01, 2014
PRASHANT SHARMA Appellant
V/S
State of Punjab and Anr. Respondents

JUDGEMENT

(1.) The epitome of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the complaint of complainant Gurlal son of Sukhpal (for brevity "the complainant"), which formed the basis of FIR (Annexure P1) is as under:-

(2.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution, inter-alia, claimed that the petitioner has cheated and misappropriated the huge amount of 15 lacs of complainant. In the background of these allegations and in the wake of complaint of complainant, a criminal case was registered against the petitioner-accused, vide FIR No.148 dated 23.12.2013 (Annexure P1), on accusation of having committed an offence punishable under Sec. 420 Penal Code by the police of Police Station Bahav Wala, District Fazilka in the manner depicted here-inabove.

(3.) Sequelly, instead of submitting to the jurisdiction of the trial Court, petitioner-accused has straightway jumped to file the present petition, to quash the impugned FIR (Annexure P1) and all other subsequent proceedings arising therefrom, invoking the provisions of Sec. 482 Cr.PC.