RAMNIWAS Vs. STATE

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been preferred by the petitioner for quashing of proceedings arising out of FIR No.243/2016 registered at the Police Station Taranagar, District Churu for the offences under Sec. 420 of the IPC. In nutshell, the facts of the case are that complainantrespondent No.2 registered an FIR No.243/2016 at the Police Station Taranagar, District Churu alleging inter alia that petitioner and one Dilip Gurjar, who were indulged in business of sale and purchase of cattle approached him for deal to purchase four buffaloes at a cost of Rs.2.45 lacs from the complainant on the promise that payment of sale consideration would be made by the petitioner within a period of seven days from the date of sale of four buffaloes in Taranagar cattle Fair, organized on every Friday.

(2.) On said assurance of petitioner and other person, four buffaloes were delivered to petitioner & co-accused. Thereafter, when terms of payment not fulfilled even after several days, the complainant tried to contact the petitioner but after search these individuals were not found and not available on their ordinary place of residence. After registration of FIR at Police Station Taranagar, police after following due procedure as prescribed under Sec. 299 Cr.P.C. submitted a charge sheet for the offence under Sec. 420 IPC against the petitioner.

(3.) Learned counsel for the petitioner would submitted that the facts in FIR itself on face of it indicate that the entire transaction was a civil contract but to create unnecessary pressure and extort money, same was given colour of criminal offence. He would submitted that police or complainant have never tried to contact present petitioner as petitioner is still residing at same address and without following due process, petitioner was declared absconder. He would further submitted that in cases of a business transaction, where payment was allegedly not received by complainant, then the remedy is to file a civil suit for recovery but herein without resorting to remedies available under the law, present respondent-complainant preferred to approach police so as to harass the petitioner.