SAZID KHAN Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The present petition has been filed for quashing of FIR No.24 dated 23.01.2018 registered under Sections 120-B/406/420 of IPC at Police Station Gurgaon City, District Gurugram and all subsequent proceedings arising therefrom.

(2.) The brief facts of this case are that M/s Goel Sales Corporation had filed a complaint under Section 138 read with Section 142 of the Negotiable Instruments Act on 10.01.2018. It was pleaded in the complaint that one Hasan Ahmed, the State Head, of M/s Astro Suppliers had assured the complainant to get the work of the Distributorship from Bombay Dyeing for District Gurugram. Thereafter, the said Hasan Ahmed met the complainant personally and the complainant had applied for Distributorship along with various documents which were given to Hasan Ahmed. For the above said assurance, Hasan Ahmed had taken money. However, in the mean-time, Hasan Ahmed had also ensured to the complainant the workorders from the present petitioner firm. In the course of business, the complainant had supplied the ordered item to the accused in the complaint case, which happened to be company as well as its proprietor, the present petitioner. Since the complainant had supplied goods to the accused company and its proprietor, therefore, as per the ledger account an amount of Rs.54,17,017/- was outstanding towards the accused upto 31.11.2017. For discharging of their liability, the petitioner, proprietor of the accused firm had issued cheque bearing No.050758 dated 29.11.2017 for an amount of Rs.20,00,000/-. That cheque was returned unpaid by the banker of the accused with the endorsement 'Funds Insufficient'. For that non-payment of the cheque, the complainant filed the complaint against the accused/the present petitioner under Section 138 of the Negotiable Instruments Act. In that complaint, the present petitioner has been summoned as an accused.

(3.) However, thereafter, the complainant firm also lodged an FIR No.24 dated 23.01.2018 registered under Sections 120-B,406,420 of IPC at Police Station Gurgaon City, District Gurugram. In this FIR, the allegations are that the complainant had transferred Rs.50 lakhs in the account of the firm M/s Astro Suppliers through RTGS. The complainant was not provided Distributorship, as assured to him. Therefore, cheating has been done to him. It was further alleged that after the money was paid; the complainant contacted the above said Hasan Ahmed for getting the Distributorship. However, when complainant contacted the above said Hasan Ahmed for demanding his money back the latter said that he did not have any money to return, and if any money was demanded back he would kill the complainant. On these allegations, the said FIR was registered.