TABIR-UL-HUQ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C") has been filed for quashing FIR No. 09 dated 13.1.2011, registered at Police Station, Zirakpur, District SAS Nagar for offence punishable under Section 420 of the Indian Penal Code (for short "IPC") (Annexure P -1) and proceedings emanating therefrom.

(2.) COUNSEL for the petitioner contends that the petitioner was serving as a Member Secretary to Diocesan Trust Association, Amritsar (hereinafter referred to as "the trust"). On 5.10.2005, a resolution was passed by the trust to appoint the petitioner as general attorney authorizing him to sell, lease, transfer, exchange etc. property of the trust. On 22.11.2005, the petitioner got the general power of attorney registered in his favour from the office of Sub Registrar in pursuance of resolution dated 5.10.2005. The petitioner as an attorney of the trust entered into an agreement to sell dated 23.9.2006 with respondent No. 2 (complainant) in regard to land in dispute for a total sale consideration of Rs. 1,42,00,000/ - per acre out of which a sum of Rs. 15 Lakhs was agreed to be paid at the time of execution of agreement to sell towards earnest money. A sum of Rs. 5,00,000/ - was paid in cash and a cheque of Rs. 10,00,000/ - bearing No. 299002 dated 23.9.2006 drawn on HDFC bank, Chandigarh was issued by the complainant in favour of the petitioner. The aforesaid cheque was dishonoured vide memo dated 3.10.2006 with the remarks "insufficient funds". After dishonour of the cheque, the petitioner approached the complainant who assured him to make the payment shortly. Respondent No. 2 failed to make payment of the cheque amount which shows that he was never ready and willing to perform his part of the contract nor did he ever bothered to abide by the terms of the agreement. The petitioner, despite failure of the respondent to make payment of the cheque amount got served legal notices to respondent No. 2 on 4.3.2010 (Annexure P -8) and 18.3.2010 (Annexure P -9) calling upon him to perform his part of the agreement as the petitioner was ready to perform his part of the agreement. It is further argued that respondent No. 2 is guilty of committing breach of the terms and conditions of the agreement and the instant FIR has been lodged to put pressure upon the petitioner to refund Rs. 5,00,000/ - Lakhs admittedly paid by respondent No. 2 in regard whereof he has also filed a civil suit pending in the Court at Dera Bassi. It is argued with vehemence that even if the petitioner has failed to perform his part of the obligation in compliance with the terms and conditions of the agreement to sell, the same, at best, gives rise to civil dispute which has been sought to be given colour of criminal act. The last submission made by counsel is that there is nothing on record to suggest that there was an element of cheating in the transaction of sale since its inception to attract mischief of Section 415 IPC, to constitute offence punishable under Section 420 thereof.

(3.) I have heard counsel for the parties and perused the records.