KULWANT RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS order will dispose of Criminal Misc. No. M -40363 of 2007 filed by Kulwant Rai and Criminal Misc. No. M -33618 of 2007 filed by Om Parkash as they both arise out of the same FIR No. 20 dated 7.4.2007 registered at Police Station Malerkotla for the offences under Sections 420, 506 and 34 IPC.

(3.) LEARNED Counsel for the Petitioners has submitted that the farmers had taken amount from the Petitioners for which pronotes were executed by them. The Petitioners have placed on record the pronotes Annexures -A.1 to A.49 executed by various persons in favour of the Petitioners. A reference has also been made to the civil suits filed by Petitioner Kulwant Rai for the recovery of the amounts on the basis of some of the pronotes. It is, therefore, submitted that the dispute relates to mere money transactions and is purely of a civil nature and no criminal liability can be fastened on the Petitioners. A reference has also been made to the report dated 22.9.2006 (Annexure -P.2) of the Deputy Superintendent of Police, Sub Division, Malerkotla who conducted an inquiry into the matter through the Station House Officer, Malerkotla. It was found that the complainant Balwinder Singh etc. after selling their crops had given money to Kulwant Rai on interest. All of a sudden one Commission Agent in the Grain Market, Dasaunda Singh Wala died and the farmers became apprehensive of their money and thought that Kulwant Rai may refuse to make the payments. Therefore, they started demanding money from Kulwant Rai collectively. On this Kulwant Rai executed pronotes in favour of the farmers. The photo copies of the pronotes have been attached. It has also been found that Kulwant Rai has lodged a case in the Civil Court at Sangrur against the farmers. A list of the persons who owe money to Kulwant Rai and also a list of persons who are to take money from Kulwant Rai is also attached. It was observed that the farmers on their sweet will had given the money to Kulwant Rai and had got the pronotes from him. During the inquiry it was found that the matter pertains to money transaction only.