NIRMAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through petition under Section 482 of the Code of Criminal Procedure quashing of FIR No.319 dated 23.07.2016, registered under Sections 406/420/506 of the Indian Penal Code, at Police Station City Kaithal, District Kaithal, along with all consequential proceedings arising from the aforesaid FIR has been sought.

(2.) As per the case of the prosecution, first informant/alleged victim is a commission agent working in Kaithal, whereas accused nos.1 and 2 are agriculturists (father and son), whereas accused no.3 Gurnam Singh is Sarpanch of the village. Allegations are that there were dealings between first informant and accused nos.1 and 2 as they used to sell their crops through first informant and borrow amount from him, whenever required. When Rs. 9,17,000/- became due and payable against accused, on demand by the first informant, the balance amount was not paid. On 02.03.2016, a Panchayat (congregation of respectables) was convened and it was agreed that accused nos.1 and 2 shall pay a sum of Rs.5,50,000/- and petitioner No.3 (accused no.3) became guarantor for payment of the amount by accused Nos.1 and 2. A writing was executed and signed by all the parties. However, still the payment was not made and when first informant went to the village, accused nos.1 and 2 threatened to falsely implicate the first informant in a false case and kill him. On the basis of these allegations, criminal prosecution was set in motion.

(3.) As far as non-payment of the loan amount, if any, does not constitute offences under sections 406/420 IPC. It is also born out from the record that accused nos.1 and 2 (petitioner nos.1 and 2 herein) instituted a civil suit for rendition of accounts against the first informant which is pending.