SANJAY KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS petition has been filed with a prayer to quash the criminal proceedings initiated against the petitioner, who is an accused in FIR No. 108 of 2011, registered against him in Police Station, Kumarsain, District Shimla.

(2.) CHALLENGE to the FIR is on the ground inter alia that the same is counterblast of filing a complaint under Section 138 of the Negotiable Instruments Act in the Court at Delhi by the accused -petitioner against the complainant after bouncing of cheque No. 375775, in the sum of Rs. 32,00,000/ - of Punjab National Bank, Kumarsain, issued by the complainant in favour of the accused petitioner. It has been pointed out that this cheque was issued by the complainant himself in favour of the accused -petitioner on 15.9.2011 and not stolen by him during his stay at Narkanda, when apple season in the year 2010 was in progress. Also that when the cheque book has been issued to the complainant on 11.11.2010, how the accused -petitioner could have stolen the disputed cheque in the month of August/September, 2010, during his stay with the complainant in the hotel at Narkanda. Anyhow, the police has conducted the investigation in this case and collected oral as well as documentary evidence.

(3.) ON hearing learned counsel on both sides and also going through the record available at this stage, sole question arises for determination is that in the given facts and circumstances, the criminal proceedings initiated against the accused -petitioner amount to abuse of the process of law and deserve to be quashed in the exercise of jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure.