T K KHUNGER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by T.K. Khunger under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing the First Information Report No. 423, Police Station, Gharaunda, District Karnal, dated 7.12.1991, under Section 406/420 Indian Penal Code and subsequent proceeding arising thereto.

(2.) THE relevant facts for the purpose of the present petition are that firm M/s Veer Rice and General Mills, Gharaunda, Tehsil and District Karnal is a Rice Miller and deals in selling of rice and Parmod Kumar Jain is one of its partners. The petitioner is alleged to have purchased rice on credit from the complainant firm mentioned above. Vide different bills Rs. 83,031.65 paise were due. The petitioner issued a cheque dated 5th November, 1990 drawn on State Bank of India, Gharaunda, Tehsil and District Karnal. The cheque was given to the complainant with the assurance that the same would be honoured on presentation and that sufficient amount is lying with the Bank, when the cheque was presented for encashment, it was returned to the complainant with the remarks "Refer to Drawer". It was asserted in the complaint that the accused petitioner has dishonestly induced the complainant to deliver the goods and as such misappropriated the same.

(3.) LEARNED counsel for the petitioner urged that as per the averments made in the complaint, there is no offence that can be drawn against the petitioner much less punishable under Section 406/420 Indian Penal Code.