Crl. Misc. No.M-19750 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-19750 of 2011 DATE OF DECISION: December 6, 2011 Smt. Shanti Devi @ Shanti Rani .....Petitioner VERSUS State of Haryana & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. SKS Bedi, Advocate for the petitioner. **** RANJIT SINGH, J. The petitioner has approached this Court through the present petition under Section 482 Cr.P.C. for registering the criminal case for alleging destruction of cheque No.235162 taken in possession by the police during investigation of a criminal case registered on 18.1.1999 under Section 420 IPC. The petitioner had filed a complaint with the Police Station, City Yamuna Nagar alleging that her son purchased a truck in the year 1996 from one Gurdial Singh, S/o Bachan Singh and Balwinder Singh, S/o Mahinder Singh for `1,63,000/-. A sum of `1,00,000/- was financed from Shamsher Singh-respondent No.4, financer of Bharat Motor Finance Company, Jammu Colony, Yamuna Nagar, @ 22% interest per annum. On 7.8.2008, Shamsher Singh took away the truck and Anil Kumar narrated his story to his mother Crl. Misc. No.M-19750 of 2011 -2- (petitioner). The petitioner took Anil Kumar to Shamsher Singh- financer. The financer had told her that he had already received `60,000/- from Anil Kumar and a sum of `1,25,000/- was due from him. He prepared a slip of paper for an amount of `1,25,000/-. After negotiating the amount was settled at `1,15,000/-. Shamsher Singh- financer told her that he would release the truck on payment of this amount. The petitioner got 15 days to repay the amount. It is alleged that Anil Kumar and one Chinto Devi (respondent No.5) were also sitting at the time when Shamsher Singh apprised that the petitioner has promised to pay `1,15,000/-, but nothing has been paid. At that stage, the petitioner was able to manage `75,000/-. The balanced amount was to be got from the bank and the petitioner was told to issue the cheque in this regard. Shanti Devi-petitioner gave a cheque of `40,000/-. The financer is alleged to have kept this cheque by saying that she should not bother and he would get the cheque encashed from the bank. `75,000/- were paid in cash in the presence of Anil Kumar and Chinto Devi. On 29.6.1998, Anil Kumar went to Shamsher Singh for collecting the truck, which he did not release. The petitioner inquired from the bank and came to know that from her account cheque for `40,000/- has been encashed. Efforts were made to get the truck released, but nothing happened. Accordingly, the complaint was filed under Section 420 IPC. Chinto Devi, who was stated to be eye-witness in whose presence a sum of `75,000/- was paid, did not appear during the course of trial. She was cited as an eye-witness by the prosecution. Crl. Misc. No.M-19750 of 2011 -3- It is alleged that the cheque, which was in the possession of the Police has been lost and thus, the trial Court has acquitted the petitioner on these grounds. The present petition has filed this petition for issuing direction for registering the case against the Police for investigation and also for loosing the case property. The petitioner has not invoked the appellate or revisional jurisdiction against the order passed by the trial Court on 15.12.2009 and after lapse of nearly two years, the present petition has been filed, which has now come up for hearing. Perhaps the petitioner is not having evidence in support of her case that she has chosen this way out for filing the petition under Section 482 Cr.P.C. The counsel has not been able to show or make any submission as to how the petition under Section 482 Cr.P.C would be maintainable in the facts of this case. The petitioner, if feels aggrieved against any loss of case property, ought to have approached the Court concerned for taking appropriate action. Petition under Section 482 Cr.P.C is not an appropriate remedy from any angle. The petition is, accordingly, dismissed. December 06, 2011 ( RANJIT SINGH ) monika JUDGE