HANS RAJ TALWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure praying for the quashment of FIR No. 180 dated 18.7.1994 registered at Police Station Sadar, Thanesar, District Kurukshetra and all subsequent proceedings thereof.

(2.) HARDIP Singh, the complainant, is stated to have amde a complaint to the Superintendent of Police, Kurukshetra, on the allegations that the petitioner alongwith his other two partners were running a travelling agency for the purpose of sending for employment youths to the foreign country. He further alleged that he had told him to arrange for a visa, ticket, immigration etc. for America within 3 months' time for his son Narinderjit Parmar and, for this purpose, he had paid then Rs. 1,60,000/- and the remaining amount of Rs. 2,40,000/- was be paid after the papers were received. For Rs. 1,60,000/- cash receipt was taken and, according to the complainant, he further paid a sum of Rs. 2,37,000/- also to the accused. But, as all these persons had failed to fulfil their commitment, they had issued two cheques for Rs. 1,00,000/- and Rs. 1,33,000/- and also premised that the balance amount would be returned. These cheques were dishonoured on presentation and also the balance amount was not returned. The police authority appears to have come to the conclusion that the dispute was of a civil nature and no case was made out. Complainant Narinderjit Parmar then filed complaint under Sections 420, 406, 504, 506, 109 and 120-B read with Section 34, Indian Penal Code before the Illaqa Magistrate with a prayer that the accused in the complaint be summoned and punished in accordance with law. However, the learned Magistrate, vide order dated 3.5.1994, directed that the case be sent for further investigation under Section 156(3) of the Code of Criminal Procedure. The relevant paragraph of the order is as under :

(3.) THE submission of the learned counsel for the petitioner primarily is that what was recorded in D.D. No. 32 dated 18.7.1994 (Annexure P-6 to this petition) indicates that the police authorities registered the case in furtherance to the order dated 3.5.1994 of the learned Magistrate. It will be relevant to reproduce a portion of this D.D. :-