BHAGWANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforesaid miscellaneous petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 174/2007 registered at the Police Station, Pilibanga, District Hanumangarh, for the offences under Sections 406, 419, 420, 467, 468, 471 and 120B, IPC. Succinctly stated, the facts of the case, relevant and necessary for the disposal of this miscellaneous petition are that petitioner No. 1 Bhagwana Ram filed a complaint against respondent No. 2 Manjeet Singh in the Court of the learned Judicial Magistrate, Pilibanga, District Hanumangarh in June 2007 in relation to bouncing of cheques Nos. 437767 and 437768 dated 17.2.2007 for a sum of Rs. 65,500/-. After giving due notice under Section 138 of the Negotiable Instruments Act, the cognizance was taken against respondent No. 2 Manjeet. Singh on the very day and process was issued for the appearance of respondent No. 2 Manjeet Singh.

(2.) Respondent No. 2 Manjeet Singh, on the other hand, approached the very same court by way of filing a complaint against the petitioners herein with the allegation that he was doing the business of "Aadhat" with the firm Ramana Trading Company, of which petitioner No. 2 Narendra Singh is the proprietor. He further alleged that the other co-accused Baltej Singh and Gurdeep Singh (petitioners No. 3 and 4 herein) were also working in the very same firm. It has further been alleged that the complainant had given a diary to petitioner No. 2 Narendra Singh for the purpose of entries of business transactions of the crops etc. and the complainant discontinued the "Aadhat" with the firm in August, 2005. It has further been alleged that when the "Aadhat" was started, Narendra Singh got opened an account of the complainant in Punjab National Bank, Pilibanga Branch, and after opening the said account, the blank cheque book thus issued bearing the signatures of the complainant was kept by Narendra Singh in trust. It is further alleged that when the complainant terminated the "Aadhat" with accused Narendra Singh in August 2005 at that time Narendra Singh retained the two blank signed cheques from the cheque book of Manjeet Singh's bank account bearing Nos. 437767 and 437768. The complainant-respondent No. 2 has further alleged that he requested Narendra Singh to return his two blank signed cheques on numerous occasions but Narendra Singh kept avoiding returning the same. The complainant further alleged that he went to the shop of Narendra Singh along with one Gurdeep Singh a month prior to filing of the complaint and repeated his request for return of the cheques, on which Narendra Singh agreed that the cheques were lying with him and the same would be returned. Thereafter the complainant conducted a Panchayat in Mandi, Pilibanga on 27.4.2007 in which Narendra Singh, Baltej Singh and Gurdeep Singh are alleged to have agreed that the cheques, as referred to above were with them and thereafter the accused threatened the complainant that they would use the cheques through some of their friend or relative. The complainant accordingly issued a notice to the aforesaid Narendra Singh through his counsel on 16.5.2007 requesting for return of the blank signed cheques but no reply was given to the said notice. The complainant further alleged that his account had already been closed in March 2006. Thereafter the three accused, referred above, connived with petitioner No. 1 Bhagwana Ram and misusing one of the blank signed cheques of the complainant, presented the same through Bhagwana Ram after making fraudulent entries in the same. The complainant has alleged that he does not know any person named Bhagwana Ram and the accused persons connived together to misuse the signed cheque of the complainant being held by accused Narendra Singh. It is alleged that Balwant Singh was created as a fictitious holder of the cheque and thereafter a false notice was issued to the complainant under Section 138 of the Negotiable Instruments Act. The complainant alleged that after receiving the notice, he again got conducted a Panchayat in relation to the notice on 17.5.2007 and again in the panchayat, Narendra Singh, Baltej Singh and Gurdeep Singh agreed to have misused the cheques in connivance with aforesaid Bhagwana Ram (petitioner No. 1). Thus, as per the complainant, the accused persons have committed the acts of cheating and forgery in relation to the cheque in issue. The said complaint was sent to the Police Station, Pilibanga for investigation under Section 156(3) Cr.P.C. where FIR No. 174/2007 has been registered and investigation ensured for the offences under Sections 406, 418, 420, 467, 468, 471 and 120B, IPC.

(3.) The petitioners, who are the accused in this F.I.R., have approached this Court by way of present miscellaneous petition challenging the FIR No. 1274/2007 referred to above and all the subsequent proceedings in relation thereto.