ASHOK KUMAR MAHAJAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The case primarily relates to settlement of accounts between the petitioners and the complainant. The petitioners seeks pre-arrest bail in a case registered against them for the offences under Sections 336, 452, 427, 323, 506 Indian Penal Code, Section 25 of the Arms Act and under the Scheduled Cates and Scheduled Tribes (Prevention of Atrocities) Act, (no section is mentioned). The case has been registered on an application filed by Ramesh Kumar son of Karam Chand addressed to the Chairman, Punjab State Human Rights Commission. The complainant is running an electronic items shop in the name of R.K. Electronics. In terms of a settlement in 2002, the complainant till 2004 gave 260 electronic items to Mahajan Finance Company of the petitioners who further sold it to their customers. The sale amount came to Rs. 20,98,339 out of which the complainant received Rs.6,75,947 and balance of Rs. 12,24,392 still remains to be received. The complainant sent a legal notice on 5.9.2006 through his counsel for the return of his money. On 17/9/2006 the complainant went to the shop of the accused and he was abused in the name of his caste. On 18.9.2006, at about 6.45 p.m. the accused are said to have come to the shop of the complainant and abused and threatened him, Deepak Kumar is stated to be holding a pistol and fired at the complainant. The brothers of the complainants also reached at the spot and they were abused. Despite efforts made by the police, FIR was not registered.

(3.) Learned Senior counsel for the petitioners has submitted that the alleged occurrence relates to 18.9.2006 whereas the FIR has been lodged on 4/6/2008 i.e. after one year and nine months. In fact the main dispute it is submitted is with regard to financial dealings in which a compromise was effected. The complainant had to pay some amount to the petitioners for which he gave a cheque of Rs.5,74,000 which was not honoured and in a complaint filed by M/s. Mahajan Finance Company, the complainant side of the present case has been summoned vide order dated 30.01.2007 (Annex- ure P1) by the learned Chief Judicial Magistrate, Gurdaspur for the offence under Section 138 of the Negotiable Instruments Act. The complainant side of the present case has also filed civil suits (Annexure P2 and P3) against the petitioners' side seeking return of cheques and other bank papers as also for rendition of accounts. Therefore, it is submitted that the entire occurrence is fabricated.