BALKAR SINGH AND ANR Vs. PARDEEP KUMAR

JUDGEMENT

(1.) Through the instant petition filed under Section 561-A of the Code of Criminal Procedure, petitioners seek quashing of complaint titled Pardeep Kumar vs. Balkar Singh and anr. and also the order dated 28.04.2018, passed by the learned Additional Sessions Judge, Kathua.

(2.) The case of the petitioner is that respondent-Pardeep Kumar entered into an agreement with the petitioner No. 2 through petitioner No.1 for providing land comprising of Kh. No.215, 152, 222, 223, 151 measuring 200 kanals situated at Village Jagatpur, Tehsil and District Kathua and the petitioners had paid a sum of Rs. 1,38,00,000/-. It is stated that on 10.03.2015, two signed blank cheques of petitioners one that of Citizens Co-operative Bank Ltd. Moti Bazar, Jammu and the other of J & K Bank Amphalla, Jammu were stolen/misplaced from his vehicle along with cheque book and the other official record kept in his brief case. The petitioner No. 1 approached the Police Post Ware House for filing a report but he was advised to get a public notice published in at least two newspapers in order to register the case. On 103.2015, petitioner inserted a public notice in two newspapers of Jammu.

(3.) Learned counsel for the petitioners states that on 18.02015, the petitioners also informed their bankers i.e., Citizens Co-operative Bank Ltd., Moti Bazar, Jammu and J & K Bank Ambphalla, Jammu about the loss of the cheque books including the signed blank cheques so that no payment is made in case of their presentation. Thereafter, on 15.07.2015, the petitioner No.1 also lodged a formal complaint with police Post Ware House, Jammu regarding the loss of signed cheque, cheque books and other documents. It is further stated that police has failed to initiate any action on the complaint of the petitioners but the respondent presented the misplaced cheque of J & K Bank for encashment while filling the figures to the tune of Rs. 3,72,20,000/- and another misplaced cheque for an amount of Rs. 1,81,70,000/- of Citizens Co-operative Bank Ltd. Moti Bazar Jammu, but said cheques were returned unrealized as per the instructions of the petitioners.