Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 4186 of 2019 Petitioner :- Arun Ahulwalia And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shree Prakash Giri Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri S.P. Giri for the petitioner and the AGA for the State and perused the record.
This writ petition has been filed to quash the FIR dated 27.10.2018 registered as Case Crime No. 0075 of 2018, under Section 406, 420, 323, 504, 506 IPC, P.S. Kotwali, Distt. Agra.
In substance, in the FIR the allegation has been made that the informant was engaged in business. The petitioners Arun Ahluwalia and Varun Ahluwalia came to the office of respondent and after giving their identification, they expressed their will to do business of zip. On their assurance, the informant has started business with the petitioner. On 31.3.2015, the petitioner purchased goods of Rs. 815581/- but instead of several demands they have not made payment of dues. It appears that they had intention from very beginning to cheat the informant.
The counsel for the petitioner submits that this is purely business transaction and no offence is made out. In any case, there is no allegation that the petitioners have intention to cheat from the initial stage in the business transaction, therefore, FIR is liable to be quashed.
We have considered the arguments of the counsel for the petitioners.
There is allegation that the petitioners had an intention to cheat from the very beginning, therefore, at this stage it cannot be said that offences levelled against the petitioners are not made out. Thus at present the FIR is not liable to be quashed.
However, it is observed that in case the the petitioners surrender before the court below and apply for bail, then same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of 30 days from today, no coercive action shall be taken against the petitioner.
It is made clear that no further time shall be allowed to the petitioners to surrender before the Court below.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 25.2.2019 Rahul Dwivedi/-