Crl. Misc. No.M-38034 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-38034 of 2010 Date of Decision: 23.12.2010 Arun Gupta ....Petitioner Versus State of Haryana and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Neeraj Kumar, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. This is a petition under Section 482 Cr.P.C for quashing of complaint No.452 dated 15.09.2008 under Section 138 of the Negotiable Instruments Act and Section 420 of the IPC registered against the petitioner at Police Station City Rohtak and all consequential proceedings arising therefrom. It is contended by the learned counsel that the petitioner had handed over the Bill Books and Cheque Books to one Ashok Gupta s/o of Om Parkash and Mohal Lal son of Banwari Lal, who were appointed to look after the work and the assurance was given by both these persons that they will not misuse the Bill Book, Cheque Book and Authority letter. However, both of them in connivance with respondent No.2 have started misusing the cheques. In fact, when it came to the knowledge of the petitioner that the said Ashok Gupta and Mohan Lal along with respondent Crl. Misc. No.M-38034 of 2010 2 No.2 are cheating and misusing the funds of SHIVAM TRADERS, he lodged FIR against these persons under Sections 420, 408, 409, 506, 384, 190, 467 and 468 IPC in Police Station Khetri on 04.07.2009, in which, it was stated that in connivance of his authorized representatives, respondent No.2 cheated the petitioner firm and taken ` 29,12,000/-. It is further stated that respondent No.2 along with his authorized representatives had taken away the bag of the petitioner containing the said cheques and the FIR was registered at Police Station, Rohtak vide FIR No.126 dated 08.03.2010. Thus, the FIR is false. Heard. It is evident from the order dated 27.10.2010 passed by the High Court of Rajasthan Bench at Jaipur that FIR No.121/2008 registered at Police Station Khetri Nagar, District Jhunjhunu for the offence under Sections 420, 408, 409, 506, 384, 190, 467 and 468 IPC against respondent No.2 and his representatives was found to be false by the Investigating Agency and the cancellation report was also submitted. It is further evident from the said order that in fact, the reinvestigation has been ordered. Learned counsel for the petitioner states that the petitioner is not aware of the final outcome of the reinvestigation. Further from perusal of the order dated 19.07.2010 passed in Crl. Misc. No.M-20518 of 2010 and placed on record as P-8, it is evident that second FIR i.e FIR No.126 dated 08.03.2010 under Sections 420/467/468/471 IPC registered by the petitioner against the respondent at Rohtak is still pending and no final report has been submitted. In fact, the petitioner has filed this petition seeking appropriate action against the private respondents. The said Crl. Misc. is also pending and no direction has been issued as yet. Thus, the filing of Crl. Misc. No.M-20518 of 2010 before this Court, as well as, the order dated 27.10.2010 passed by the High Court of Crl. Misc. No.M-38034 of 2010 3 Rajasthan Bench at Jaipur, do not help the petitioner at this stage. Rather, it shows that the story put forward by the petitioner has not been believed by the prosecution till date. Thus, the complaint under Section under Section 138 of the Negotiable Instruments Act and under Section 420 of the IPC cannot be quashed on the above argument raised before this Court. The said argument is the defence of the petitioner and cannot be made basis for quashing of the FIR. It would be a matter of evidence as to whether the cheques were misused or whether the bag containing various cheques was stolen or not. No other argument was raised. Thus, the present petition is dismissed being devoid of merits. (NIRMALJIT KAUR) 23.12.2010 JUDGE gurpreet