RAM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOUR separate challans were put up against Ramesh Chander and others under Sections 420, 408 and 109 Indian Penal Code at the instance of Ramesh Kumar and another. The case of Ramesh Kumar complaint was that on two different occasions the accused had dishonestly induced him to give Rs. 62,000 and Rs. 12,000 and he was cheated on the basis of the conspiracy. Similar was the case of the other complainant in regard to the amounts of Rs 54. 800 and Rs. 30,000.

(2.) THE learned Magistrate framed four separate charges against the accused on 2nd March, 1988. Only Ramesh Chander accused filed revisions against the framing of charge in all the four cases but remained un-successful before the learned Additional Sessions Judge, as his revisions were dismissed on 13th July, 1988. Ramesh Chander has now come to this Court under Section 482 of the Code of Criminal Procedure (for short 'the Code'), for the quashing of the charge framed in four different cases. He has filed Crl. Misc. Nos. 7251-M of 1988, 7253-M, 7255-M and 7257-M of 1988. Since they arise out of the same FIR and common question is involved therein, they are being disposed of be this common judgment.

(3.) AT the motion stage, the learned counsel for the petitioner had relied on a decision of a Single Judge in Dharamvir v. State of Punjab, (1987) 14 Cr. L. T. 226 for the proposition that if money is collected under the Double Money Saving Scheme, and the persons who collected the amount, refused to refund the same to the depositors, it would amount to breach of contract and no criminal liability for cheating would arise. The learned Judge admitted the petition for hearing by a Division Bench. This is how these cases have been placed before us.