Crl. Misc. No. M-29174 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-29174 of 2011 (O&M) Decided on : 23-09-2011 Jagjit Singh ....Petitioner VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. S.C.Arora, Advocate for the petitioner MAHESH GROVER, J This is a petition under Section 482 Cr.P.C seeking directions to respondent nos.1 to 3 to register a FIR against respondents no.4 and 5 The petitioner alleges that respondent no.5 had filed a criminal complaint against the petitioner under Section 138 of Negotiable Instruments Act on account of the fact that cheque that he had issued had been dishonoured. The petitioner was convicted in the aforesaid case and he filed the appropriate petition before this Court. During the pendency of the proceedings when the petitioner was praying for suspension of sentence it is alleged that respondent no.4 filed a false application before respondent no.3 alleging that the petitioner had threatened him with dire consequences. The petitioner was summoned by police and was made to sit in the police station for entire day and let off. Petitioner was exonerated when he paid the cheque amount amidst rigorous protest. It is now alleged in this petition that respondent no.4 and 5 have both colluded and after getting him detained in the police station for Crl. Misc. No. M-29174 of 2011 (O&M) 2 whole day have got the entire matter hushed up. Since wrong information was given to the police, respondent no.4 and 5 be proceeded against and FIR be got registered against them. The facts reveal an initial wrong doing by the petitioner himself who had been convicted for giving a cheque to respondent no.5 which he did not mean to honour. Having faced these proceedings and consequent conviction which ultimately was condoned by this Court when the amount was paid, the petitioner's allegation that respondent no.5 made a false representation to the police and in which he was summoned and harassed by the said police officer and made to wait for the entire day; cannot straightway be accepted considering the previous ill will amongst the parties. On due consideration of the matter, I am of the opinion that the present petition is totally mis-conceived. If the petitioner feels that there is some wrong complaint made by respondent nos. 4 and 5 on which he was harassed, he has an appropriate remedy under the law but under Section 482 Cr.P.C no directions can be issued to respondents no. 1 to 3 to register a case keeping in view the observations of Hon'ble Supreme Court in Sakiri Vasu Vs. State of U.P. and Ors 2008 (1) RCR (Crl) 392 and also because the Court under Section 482 Cr.P.C is bereft of any mechanism to establish the veracity of the allegations made by the petitioner. September 23, 2011 (Mahesh Grover) rekha Judge