Crl. Misc. No. M-28446 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-28446 of 2008 DATE OF DECISION: January 27, 2010 Ashok Kumar and others .........PETITIONER(S) VERSUS State of Punjab and another ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Vipin Mahajan, Advocate, for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. AJAI LAMBA, J. (ORAL) This petition has been filed under Section 482 Cr.P.C. for quashing FIR No. 34 dated 09.07.2008 under Section 420 IPC P.S. Purana Shala, Tehsil and District Gurdaspur. Learned counsel for the petitioner contends that dispute if any between the respondent no. 2 and the petitioners is purely of civil nature. No criminal culpability is spelt out even if all the allegations made in the FIR are admitted to be true. Relevant portion of the FIR reads as under:- “I am running a Commission Agent Shop at Bhaini Paswal. The aforesaid three persons namely Ashok Kanta, Rohit and Rajan, who are owners of Parmeshwar Rice Mills, District Hoshiarpur. They have sold the Mill. Crl. Misc. No. M-28446 of 2008 2 In October 2004, I sold them Paddy worth Rs. 7.25 lacs, but these people have paid me only Rs. 5.25 lacs and Rs. 2 lacs is still outstanding. A written agreement was executed between the parties on 03.10.2006 in which it was agreed that 1.76 lacs alongwith interest would be paid by these persons to me in installments of Rs. 25,000/- every three months. First installment was to be paid on 10.01.2007 and thereafter, every three months. In case, they do not pay the aforesaid amount, then Rs. 1 lac penalty would be imposed. But they have not paid me any amount. The aforesaid persons have harassed me and have not returned my money. When I demand my money, then they abuse me and they openly tell me that I can do what ever I can. It is, therefore, prayed that action be taken against them and my money be got returned from them.” Perusal of the allegations as extracted above indicate that the petitioners purchased paddy from the complainant for a sum of Rs. 7.25 lacs. Only an amount of Rs. 5.25 lacs was paid. Payment of Rs. 2 lacs is still outstanding. A written agreement was also executed between the parties agreeing that Rs. 1.76 lacs alongwith interest would be paid by the petitioners in installments of Rs. 25,000/- every three months. The same having not been paid, the FIR has been lodged with a plea that action be taken and money be got returned by the petitioners. Learned counsel for the respondent has not been able to justify lodging of the FIR. Bare perusal of the FIR indicates that a cognizable offence is not made out. Even if it is accepted that the petitioners owe some Crl. Misc. No. M-28446 of 2008 3 money to the complainant, it would not constitute commission of an offence under Section 420 IPC. The ingredients of Section 420 IPC read with Section 415 IPC are not made out. The petition is accordingly allowed. FIR No. 34 dated 09.07.2008 under Section 420 IPC P.S. Purana Shala, Tehsil and District Gurdaspur is hereby quashed. 27.01.2010 (AJAI LAMBA) shivani JUDGE