ARUN MADAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under section 482, Code of Criminal Procedure (for short hereinafter to be referred as 'the Code') is for quashing F.I.R. No. 180 of 1996, under section 420, Indian Penal Code, registered at Police Station Civil Lines, Amritsar.

(2.) THE petitioner who unfortunately happens to be a practising Advocate, has filed this petition in person. Before I proceed to discuss the legal controversy, which arises for consideration in this case, it will be relevant to make reference to certain facts of the case. As F.I.R. was lodged by Mr. Piara Singh, alleging that he had been working as Machine-man with Northern Railways, Amritsar, from 1953 to 1986 and during his employment, his finger was damaged while working at Ferozepore. In order to redress his grievance he approached Mr. Arun Madan, Advocate (petitioner herein) to take appropriate legal action. He claims to have paid Rs. 1100/- to him (the counsel/petitioner) for conducting the case and thereafter he on various occasions made inquiries from the counsel-petitioner. The said counsel informed Piara Singh that his case was pending in the Court of Shri P.C. Jain, being case No. 4038. He continued to make inquiries and finally on 31.8.1995, the counsel/petitioner informed Mr. Piara Singh that a compensation of Rs. 3.50 lacs has been granted to him. The counsel further told him that a cheque has been sent to his address by registered post. When cheque was not received, Piara Singh again contacted the counsel petitioner on 7.11.95. Then he was told that wrong number of the case was given by him due to some mistake and actually it was case No. 57/94. When the cheque was not received by Piara Singh, he again contacted the said counsel on 20.12.95 on which date he was told that he (counsel-petitioner) will bring the cheque by had. Again on 2.3.96 when Piara Singh visited him (Mrr. Madan), the latter issued/gave him a cheque for the said sum of Rs. 3.50 lacs, but, before that Mr. Madan took a cheque of Rs. 11,000/- from Mr. Piara Singh. This cheque of Rs. 11,000/- was drawn on Central Bank of India, Sultanwind Road, Amritsar, being cheque No. 029661. On that date (2.3.96) Mr. Madan gave a cheque for Rs. 3.50 lacs bearing No. 408772, drawn on State Bank of India from A/c No. 12475, which was deposited by Mr. Piara Singh in his account with Central Bank of India, Sultanwind Road, but the same was returned, whereupon Piara Singh approached Mr. Madan again. Then, it is alleged, that another cheque No. 113888 was given to Mr. Piara Singh and a receipt was prepared in the handwriting of Mr. Madan, which was finally made out by the complainant and given to Mr. Madan. Even this cheque, when presented in A/c No. 30219 on which the cheque was issued, it came to notice that the cheque was not from the account of Northern Railways, but was in the name of Arun Madan. This cheque was received back by Piara Singh, who had to pay Rs. 450/- as collection charges to the Bank. It is alleged that Arun Madan had issued forged cheques and had cheated the complainant Piara Singh and consequently the F.I.R./complaint was lodged on 30.10.1996. Vide order dated 26.11.1996 this Court had issued notice to the respondents to show cause why the petition be not admitted and had granted interim order to the effect that the petitioner will not be arrested till the next date of hearing. It will be appropriate to reproduce the interim order dated 26.11.96, which reads as under:

(3.) CONSEQUENTLY vide order dated 9.12.1996 I had directed the Investigating officer to find out from the Bank of Baroda, Amritsar branch, the details of A/c No. 30219 and to secure the original cheque. Today in Court, a letter had been produced from the Chief Manager, Bank of Baroda, certifying that the account was in the name of Mr. Arun Kumar and whose present address was prescribed as "Arun Madan, 13-C, Krishna Square, Amritsar," and the Manager Incharge of the Bank has also stated that they had returned such a cheque earlier. Copy of the letter written by the Bank has also been produced before the Court today. Mr. Piara Singh also produced a receipt, allegedly in the handwriting of Mr. Arun Madan, which makes reference to the issuance of fresh cheque of Rs. 3.50 lacs in lieu of the compensation for which a cheque had already been issued. I had put this receipt to Mr. Madan and he admitted that the handwriting is his, but pleaded ignorance with reference to the contents thereof and stated that there is nothing which would indicate that it would relate to Mr. Piara Singh.