Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3385 of 2021 Petitioner :- Birendra Singh Chauhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Bhahadur Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 30.10.2020 registered as Case Crime No.1292 of 2020, under Sections 406 and 506 IPC at Police Station Sahibabad, District Ghaziabad.
The allegation in the impugned first information report is that the informant extended a credit facility of Rs.5 lacs to the accused on a promise that the same shall be returned back before February, 2020. It is alleged that a cheque was provided towards part payment of the loan amount which stood dishonoured. It is alleged that when demand was raised, the accused extended life threats.
The contention of learned counsel for the petitioner is that an offence punishable under Section 406 IPC is not made out because there is no entrustment as the relationship between the petitioner and the informant would be that of debtor/creditor. It has also been submitted that in so far as dishonour of the cheque is concerned, a separate complaint has been filed under Section 138 of the N.I. Act in which proceedings have been terminated on payment of the cheque amount. It has been submitted that the allegation with regard to extension of threats is nothing but false.
Learned AGA opposed the prayer of the petitioner by claiming that matter would require investigation inasmuch as the impugned first information report discloses commission of cognizable offences.
Having considered the rival submissions, we are of the view that as the complaint under Section 138 of the N.I. Act related to a cheque of Rs.2 lacs and not of the entire amount, the matter would have to be investigated to find out whether the accused had a dishonest intention from the very beginning and whether he made a false promise to avail the loan facility. Otherwise also, there are allegations with regard to extension of life threat, which is a cognizable offence in the State of U.P., therefore the prayer of the petitioner to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 26.5.2021. Rks.