CHARANJIT SINGH CHAWLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Charanjit Singh Chawla has filed this petition under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 169 dated 24.12.2005 under Section 420 of the Indian Penal Code ('IPC' for short) registered at Police Station 'B' Division, District Amritsar and all consequential proceedings arising thereto. Prosecution story, in brief, as mentioned in First Information Report ('FIR' for short) (Annexure P1) is as under :-

(2.) LEARNED counsel for the petitioner has submitted that a bare reading of the FIR does not make out a case for commission of an offence of cheating under Section 420 IPC. The remedy available to the complainant was to file a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). In support of his submission, learned counsel has placed reliance on the judgments G. Sagar Suri v. State of U.P. 2000(1) RCR(Crl.) 707 (SC) and Vir Prakash Sharma v. Anil Kumar Agarwal and another, 2007(3) RCR(Criminal) 960 : 2007(4) RAJ 254 : (2007)7 Supreme Court Cases 373.

(3.) A bare reading of the FIR does not make out a case of offence under Section 420 IPC. The loan was allegedly taken by the petitioner from the complainant in October, 2003. The cheque in question was issued on 29.3.2004 by the petitioner in favour of the complainant and when the cheque was presented on 25.7.2004 for encashment, the same bounced. Thereafter, the FIR in question was lodged on 24.12.2005. In G. Sagar Suri's case (supra) the Apex Court in para 8 of its judgment held as under :-