(1.) The petitioner is seeking quashing of FIR No. 26 dated 31.01.2011, registered under Sections 420, 468, 471 and 120-B IPC at Police Station Civil Lines, Patiala and consequential proceedings arising therefrom.
(2.) The petitioner is real brother of complainantrespondent No.2 Manju. They are three sisters and two brothers. Her father Kharaita Lal died in the year 1999. Some dispute arose between sisters and brothers with respect to the properties left by their father. Nothing was given to the sisters. It was alleged by the complainant that her mother Uma Devi @ Oma Devi and brother Hanish Kumar @ Raju came to her matrimonial house at Patiala and asked to sign some cheques on the pretext that the amount lying in the joint account with father was to be withdrawn. They assured her that after withdrawing the amount, she would be given her share. The allegations were that she had been cheated and not given any share from the joint account.Her brother in conspiracy with his partner Manoj Kumar, fraudulently filled the blank cheque for an amount of Rs.2 lacs and presented it to her banker. The cheque was dishonoured and Manoj filed a complaint under Section 138 of Negotiable Instruments Act against her and the accused started black mailing her to withdraw the civil suit filed by her and other sisters.
(3.) The case was registered and investigated. Uma Devi died on 28.03.2011. Final report was filed against the present petitioner, Hanish Sethi and Manoj Kumar and they have been charged under Sections 120-B, 420, 468 and 471 IPC.