MOHINDER SINGH Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. for quashing of FIR No. 255 dtd. 5/8/2013 under Sec. 420 IPC registered at Police Station Sector 26 Chandigarh.

(2.) The allegations against the petitioner is that petitioner had taken a loan of Rs.5.50 lakhs from the complainant and to return the said amount, he had issued a cheque which was earlier dishonoured. Thereafter, the present FIR has been registered alleging that an agreement to sell dtd. 25/11/1999 was executed between the complainant and the petitioner and as per the agreement to sell, the complainant received Rs.one lakh as earnest money which is now being projected by the complainant as an amount to be returned by the petitioner to the complainant. In the year 1999, the petitioner asked the complainant to return his cheque, the complainant told the petitioner that the surety cheque was misplaced.

(3.) After perusing the file and going through the copy of the challan, it transpires that the matter in hand is purely of civil nature. Criminal proceedings cannot be made a tool for effecting recovery or to settle a civil dispute which is clear from the reading of the FIR that there is no criminal case made out and criminal proceedings have been initiated to settle a civil score.