ASHOK MITTAL Vs. BHARAT SINGH AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for quashing of the order dated 12.07.2012 (Annexure P2) passed by the trial Court vide which the criminal complaint No. 130/1 of 2012 was dismissed as well as the order dated 13.11.2013 passed by the Revisional Court dismissing the revision filed against the order dated 12.07.2012.

(2.) It is submitted on behalf of the petitioner that the petitioner filed the aforesaid complaint under Sections 167, 170, 219, 387, 420, 473, 474 and 120-B of the Indian Penal Code (in short 'IPC') against the respondents/accused with the allegation that the complainant has a business dealings with accused No. 2 for the sale and purchase of the tractors and on account of that business dispute a complaint under section 138 of the Negotiable Instruments Act was filed but accused No. 2 as a counter-blast to the said complaint also filed a criminal complaint under Sections 379, 420, 467, 468, 471 and 120-B IPC against the complainant with the allegations that two of his cheques were stolen. During the pendency of the said proceedings on 26.06.2005, accused No. 3 who is a police official came to the house of the complainant and served him a notice under section 160 of the Code of Criminal Procedure, 1973 (in short 'Cr. P.C.'). On the notice, complaint number and date of appearance was not mentioned. It is further submitted that some illegal gratification was demanded from the complainant for settling the complaint with accused No. 2. It is further submitted that subsequently, on registration of the FIR No. 173 dated 18.06.2005 under Sections 379, 420, 467, 468, 471 and 120-B IPC, Police Station Shahabad, District Kurukshetra, the petitioner was arrested and accused Nos. 1 to 3 in criminal conspiracy and in order to cheat the complainant and extract money prepared the aforesaid notice under Section 160 Cr. P.C., 1973 and, thus, have committed the offence. The complainant in support of his evidence appeared as CW1 and tendered the documents i.e. copy of notice as Ex. CW1/1, Telegram as Ex. CW1/2, letter to S.P. written by complainant as Ex. CW1/3 and a complaint made against one of the accused as Ex. CW1/4 apart from the copies of the FIR and the order vide which the bail was granted and closed the preliminary evidence. The learned trial Court vide its judgment dated 12.07.2012 dismissed the complaint and acquitted the respondents/accused. The petitioner thereafter, filed the revision before the Revisional Court which was also dismissed vide order dated 13.11.2013 and, thereafter, the present revision has been filed before this Court.

(3.) It is submitted that the petitioner was falsely implicated in FIR No. 173 dated 18.06.2005 which stands quashed by this Court vide order dated 30.08.2011 and the respondents/accused in criminal conspiracy with each other have prepared a bogus notice under Section 160 Cr. P.C., 1973 without giving any date and time served the same on the petitioner/complainant in order to extract money. It is further submitted that on account of registration of the FIR and not properly serving the notice, the petitioner was arrested and later on, granted bail.