RAJBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing FIR No. 58 dated 1.5.2011 got registered by respondent No. 4 at Police Station/Parwanoo under Sections 420, 120B IPC. The pleaded case of the petitioners is that M/s Shri Guru Hargobind Steels is a sole proprietorship firm owned by Gurbir Singh. M/s Shri Guru Hargobind Steels is operating as dealers and trading in various steel products. Rajbir Singh is an authorized signatory of M/s Shri Guru Hargobind Steels for operating bank accounts and signing the cheques.

(2.) M/S Shri Guru Hargobind Steels purchased from M/s Prontos Limited, Barwala Road, Saidpura, P.O. Dera Bassi, Distt. Mohali (Pb.) 14507 steel ingots. M/s Shri Guru Hargobind Steels purchased 86 pieces of steel ingots vide Excise Invoice No. 262 for Rs. 2,72,098/-, 88 pieces of steel ingots vide Excise Invoice No. 263 for Rs. 2,81,585/- and 175 pieces of steel ingots vide Excise Invoice No. 264 for Rs. 5,47,497/- all on 4.9.2010. M/s Prontos Ltd. Plot No. 66, Sector-5, Parwanoo, consigned the steel ingots to M/s Prontos Ltd.; Barawala Road, Saidpur, Post Office Derabassi, District Mohali (Punjab).

(3.) M/S Shri Hargobind Steels for purchasing steel ingots had issued cheque No. 934948 dated 14.9.2010 for Rs. 5,47,497/-, cheque No. 934946 dated 14.9.2010 for Rs. 2,72,098/- and cheque No. 934947 dated 14.9.2010 for Rs. 2,81,585/- to M/s Prontos Ltd. Barawala Road, Saidpur, Post Office Derabassi, District Mohalli (Punjab). The cheques of Indian Bank, Mandi Gobindgarh were issued at Mandi Gobindgarh. The steel ingots were received by Shri, Hargobind Steels, Mandi Gobindgarh. The Indian Bank cheques were of CC Account No. 8796663340. The Punjab and Sind Bank, took over the said account lateron.