SHIV KUMAR SONDHI Vs. UNION TERRITORY, CHD

JUDGEMENT

(1.) THIS is a petition for quashing the F.I.R. No. 204 dated 18.3.1985, Annexure P -2, and for setting aside the order dated 15.10.1987, Annexure P -3 of Judicial Magistrate 1st Class, Chandigarh.

(2.) THE necessary facts for deciding the petition are as under : - The petitioner is a proprietor of a firm known as Chandigarh Auto Crafts who opened an account in the Punjab National Bank at the Branch office, Sector 19 Chandigarh. The balance in the account of the firm on 8.10.1984 was Rs. 600/ - Inadvertently, an entry of Rs. 70,000/ - was made in this account.

(3.) COMING to know to this wrong entry, the petitioner withdrew the amount over and above what was due to him, on different dates which is detailed in the F.I.R. Coming to know of this overwithdrawal, the bank contacted the petitioner firm. On 26.12.1984 a letter was given for adjusting the debit balance and on 28.12.1984, an amount of Rs. 20,000/ - was deposited by Cheque issued by Mr. Pathak, who is owner of furniture house in Sector 37 and he was the person who withdrew Rs. 50,000/ - on 29.11.1984. The balance has not been paid inspite of the demand and accordingly a case was registered under Section 420 I.P.C.