(02.06.2020) The present application has been filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") seeking quashment of First Information Report (hereinafter referred to as the "FIR") in respect of Crime No.270/18 registered at P.S. Kotwali, Jabalpur, on the basis of complaint made by the respondent No.2, in respect of offences punishable under Sections 420, 406 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC").As per the case of the prosecution, as reflected from the FIR, a complaint was made by the respondent No.2 stating that he runs a shop under the name of 'Archana Garment' for manufacturing and selling of salwar and fancy salwar suits.In the year 2015-16, the applicant and Late Shri Gyanchand Bafna came to his shop and started doing business with him on cash basis; due to this, the respondent No.2 started trusting them.Thereafter, both of them 2 M.Cr.C. No. 9894/2019 started taking goods on credited and also made payment in respect of the same.But, payment was not made in cash and instead of same, eight cheques were issued against the bank account in the name of M/s Sunita Fashion, maintained with Bandhan Bank Erode Tamil Nadu.However, when the aforesaid eight cheques were presented in the bank for encashment, they were bounced due to insufficient funds in the said bank account.It was further stated by the respondent No.2 that the applicant and Late Shri GyanchandBafnahas not paid an amount of Rs. 13,86,188 to him and an amount of Rs. 60,98,806 to his fellow businessmen.Therefore, payment in respect of a total amount of Rs. 74,84,994 has not been made by them to him and his fellow businessmen.It was further stated that despite knowing that there is sufficient amount in the bank account, the applicant and Late Shri Gyanchand Bafna provided cheques to the respondent No.2 and his fellow businessmen with the objective of acquiring wrongful gain.On the basis of aforesaid complaint, preliminary inquiry was done by the concerned police officials and on finding prima facie case, FIR in respect of Crime No. 270/19 was registered against the Petitioner and Late Shri Gyanchand Bafnain respect of offences punishable under sections 420, 406 and 34 of the IPC.On behalf of the applicant, it has been contended that no criminal case of cheating is made out against the applicant.Further, 3 M.Cr.C. No. 9894/2019 even the demand notice (Annexure A/2) given by the respondent No.2 shows that the present case pertains to dishonor of cheque though no proceedings in respect of the same have been initiated.It has further been contended by the applicant that his father, Late Shri Gyanchand Bafna, has committed suicide by jumping in front of train at Mumbai due to pressure by one Amritlal Purohit.In respect of the same, an FIR has been registered against Amirtlal Purohit at Police Station Vashi, in respect of Crime No. 1970/18 in respect of offences punishable under sections 306 and 34 of the IPC.In support of his submissions, the applicant has placed reliance on decisions given in Vir Prakash Sharma vs. Anil Kumar Agarwal &Anr, (2007) 7 SCC 373, Binod Kumar &Ors.On behalf of the respondent No.2, a reply has been filed wherein it has been stated that the applicant and Late Shri Gyanchand Bafna dishonestly induced the respondent No.2 and other merchants for delivering garments worth Rs. 74,84,994/- and issued them 4 M.Cr.C. No. 9894/2019 cheques which were dishonoured.

Cited provisions: Section 420 in The Indian Penal Code; Section 406 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 306 in The Indian Penal Code; Section 228 in The Indian Penal Code; Section 114 in The Indian Penal Code; Section 482 in The Indian Penal Code