Crl. Misc. No. M-1690 of 2009 (O&M) -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-1690 of 2009 (O&M) Date of Decision: 29.8.2011. J.B.Vijan and another ........Petitioners Vs. State of Haryana and another ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Rajesh Lamba, Advocate for the petitioners. Mr. Amandeep Singh, Asstt. A.G., Haryana for respondent No.1. None for respondent No.2. ..... SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 183 dated 19.4.2007, under Sections 406, 420, 120-B of the Indian Penal Code ('IPC' for short), registered at Police Station Ballabgarh, District Faridabad (Annexure P-1) and subsequent proceedings arising therefrom. Learned counsel for the petitioners has submitted that the petitioners were collecting money from the customers/purchasers being authorized agents of the company. The petitioners had sold a number of cranes. Two cranes were booked by the petitioners on an order given by M/s Spark Engineering for an amount of ` 8,14,320/- each in the year 2000. Some payment had been made by the purchaser at the Crl. Misc. No. M-1690 of 2009 (O&M) -2 - time of booking of the order and the remaining amount was to be paid at the time of delivery. Only an amount of ` 3,43,000/- was found due towards the petitioners with regard to supply of cranes to M/s Spark Engineering. The petitioners were also appointed as authorized dealers of M/s Omega Construction Equipment. Due to this reason, the petitioners have been falsely involved in this case. FIR No. 396 dated 25.7.2005 was registered against the petitioners under Section 406, 420 IPC at Police Station City Ballabgarh at the instance of the complainant on the allegations that the petitioners had received an amount of ` 2,69,700/- from M/s Ace Pipe Line and the same had not been paid to the complainant company. After investigation, it was found that the allegations levelled in the FIR were false and a cancellation report was prepared. The complainant company had also filed a civil suit against the applicants and the same was pending. In the said case, the complainant company had not disclosed the amount collected by the applicants from M/s Ace Pipe Line or M/s Spark Engineering. The complainant moved an application before the Area Magistrate under Section 156(3) Cr.P.C. and the FIR in question was registered against the petitioners. The allegations levelled in the complaint were totally false. The petitioners had not collected the amount of ` 6,00,000/- from M/s Spark Engineering. Learned state counsel, on the other hand, has submitted that the allegations levelled against the petitioners are serious in nature. The matter had been duly investigated and the challan had been presented in the court on 23.9.2008. Now the case was pending before the trial court for appearance of the Crl. Misc. No. M-1690 of 2009 (O&M) -3 - petitioners. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. The contents of the FIR (Annexure P-1) read as under:- (1) That the complainant fun is a business concern situated at the address mentioned above and is in business of manufacturing of cranes and construction equipments. Capt. Bishnoi, Manager administration (2) That the accused no.1 and accused no.2 are directors/Employees of the accused no.3 Company and are responsible for all the day-to-day transactions and activities accused no.3 Company. (3) That the accused were selling agents of the complainant company for Mumbai region and were collecting orders for the products of the complainant and also used to collect the payment of the complainant company. (4) That the accused collected orders for 2 cranes from M/s Spark Engineering services, 115, Udyog Bhawan, Sonawala Road, Goregaon (East) Mumbai 63. Accordingly 2 cranes were dispatched to M/s Spark Engineering service vide invoice no. 0211 and 0234 dated 7.8.2000 and 7.8.2000 and 7.9.2000 for an amount of Rs. 8,14,320/- each. M/s Spark Engineering service paid Rs. 10,28,640/- to the Complainant and Rs. 6,00,000/- remained balance. Crl. Misc. No. M-1690 of 2009 (O&M) -4 - (5) That the accused by misrepresentation, fraudulently collected payment from Shri R.K.Agarwal of Spark Engineering through two cheques bearing No. 534428 and 534437 for Rs. 4 lakhs each respectively directly in their own name. (6) That when the payment was not received by the Complaint the same was demanded from Spark Engineering and only then the complainant came to know that fraud has been committed by the accused. M/s Spark Engineering service also served a legal notice to the accused copy of it is attached. The complainant again and again demanded the amount, but the accused did not pay the same. (7) That the accused had not paid the amount of the complaint to the tune of Rs. 6,00,000/- the complainant had written complaint to the police in July 2005 but till date police has not lodged FIR for the cheating of Rs. 6,00,000/-. Thus, a perusal of the FIR reveals that serious allegations have been levelled against the petitioners. The investigating agency after thorough investigation has presented the challan against the petitioners. Merely because in another FIR registered against the petitioners by the complainant, a cancellation report was prepared, is no ground to disbelieve the allegations levelled in the present FIR. Keeping in view the facts and circumstances of the present case, it would not be just and expedient to quash the criminal proceedings initiated against the Crl. Misc. No. M-1690 of 2009 (O&M) -5 - petitioners. The petitioners would be at liberty to take up all the pleas available to them at the time of framing of the charge. No ground for interference by this court is made out. Dismissed. (SABINA) JUDGE August 29, 2011 Gurpreet