Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Ram Chandra Dwivedi, learned counsel for the petitioner, Sri Arunendra, learned A.G.A. for the State-respondents and perused the impugned F.I.R. as well as material brought on record.
Supplementary affidavit filed by Sri Sandeep Kumar Singh, learned counsel for petitioner is taken on record.
This writ petition has been filed by the petitioner- Deep Prakash Singh, seeking a writ of certiorari to quash the impugned F.I.R. dated 07.07.2021 lodged by complainant/respondent no.4 registered as F.I.R. No.0610/2021, under Sections 419, 420, 406, 504, 506 I.P.C., Police Station Kotwali, District Barabanki and also issue a writ of mandamus commanding the respondents to not to arrest the petitioner in pursuance of the impugned F.I.R.
Learned counsel for petitioner argued that the petitioner entered into a partnership with respondent no.4 for plotting over the land of co-accused Abdul Mateen Khan, a copy of partnership deed dated 15.09.2015 is annexed as Annexure No.2 to the writ petition but the said business suffered a loss, on account of which the petitioner could not make payment to the private respondent. He further submits that some cheques were also issued by the petitioner in favour of respondent no.4 which was dishonoured and complaint under Section 138 Negotiable Instruments Act has been filed by respondent no.4 against the petitioner before Additional Judicial Magistrate-V, Lucknow on 05.03.2021 bearing Case No.11013 of 2021 and the same is still pending before the Special Judge-I, N.I. Act Lucknow, a copy of complaint case dated 05.03.2021 is annexed as Annexure No.S.A.-1 to the Supplementary Affidavit. He further submits that so far as criminal history of the petitioner is concerned, three cases are registered against him, i.e. Case Crime No.1042/2015, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.0282/2016, under Sections 147, 148, 149, 504, 506, 352 I.P.C., Section 7 of Criminal Law Amendment Act and Section 30 of Arms Act, Police Station Chinhat, District Lucknow and in both the cases, the petitioner is on bail and in Case Crime No.348/2017, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Deva Kotwali, District Barabanki, the case has already been decided on the basis of compromise between the parties. The said fact is mentioned in paras 16, 17, 18 to the writ petition.
Lastly, the submission of learned counsel for petitioner is that impugned F.I.R. has been lodged against the petitioner just for harassment and with oblique motive, hence the present F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioner is named in the F.I.R. He further submits that from perusal of impugned F.I.R., a cognizable offence is clearly made out against the petitioner and specific allegation of cheating and criminal breach of trust has been levelled against the petitioner. It is also evident from the impugned F.I.R. that private respondent has given an amount of Rs.12 lacs to the petitioner in his account. After which, the petitioner neither contacted the private respondent nor return back his money and furthermore sold the land in question to someonelse and when the private respondent asked for his money, the petitioner gave three cheques which were dishonoured, therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which shows that cognizable offence is made out against the petitioner, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 24.8.2021 Shubhankar