MANDEEP SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Mandeep Saini d/o Deepak Saini has filed this petition under Section 482 Cr.P.C. for quashing of FIR No.19 dated 29.2.2016, under Sections 406 and 420 IPC, registered at Police Station Kot Isse Kha, District Moga and consequential proceedings arising out of it.

(2.) According to the petitioner, the FIR is nothing but an abuse of process of law, which has been lodged by the complainant/respondent No.2, who is an accused in a complaint case dated 09.10.2015 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as 'the Act') brought by her for dishonour of two cheques bearing No.000104 and 000105 amounting to Rs.7,00,000/- and Rs.3,00,000/- respectively.

(3.) The FIR (Annexure P-1) lodged on the basis of complaint given by respondent No.2 contains the allegations that complainant being Panchayat Secretary had gone to District Court, Chandigarh a year ago for official work and after finishing the same he visited the shopping mall. There complainant met Mandeep Saini (petitioner) by chance and after introduction they both exchanged their mobile numbers. Mandeep Saini allegedly asked complainant for a monetary help of Rs.50,000-60,000/- with an assurance to return soon. The complainant on humanitarian ground deposited a sum of Rs.50,000/- approximately in her account number 0141000108084924 with Punjab National Bank, Kot Ise Khan, District Moga. However, even after one month, the accused neither called him nor returned the money. Upon demand, it was assured that after arranging the money, she would return the money to the complainant. When complainant called her again, she extended threats on the ground of her links with Senior Superintendent of Police and to implicate him in a false case. It was further alleged that accused asked him to come to Zirakpur to take back his money, however, she filed a false complaint on the ground that Rajwant Singh came to her flat and used abusive language. The complainant was called at Police Station, Zirakpur to settle the matter. According to complainant, on 03.7.2015 he alongwith other Secretaries again went to Chandigarh for official work and after finishing the job he reached the Police Station, Zirakpur as he was called by SHO Deep Inder to patch up the matter. It was narrated that in the police station, the police officials misbehaved and snatched his mobile phone forcibly and he was made to sign two cheques amounting to Rs.7,00,000/- and Rs.3,00,000/- at gun point in favour of accused Mandeep Saini, besides obtaining his signatures on 2-3 blank papers also. According to him, he made various visits to Senior Superintendent of Police, Mohali for registration of the case against accused persons, however, his efforts proved futile.