Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1420 of 2019 Petitioner :- Jay Shankar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dheeraj Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Dheeraj Kumar Dwivedi, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 30.10.2018 registered as Case Crime No.321 of 2018 under sections 348,384,406,420,323,506 I.P.C, P.S. Kotwali District Kanpur Nagar.
It is submitted that an agreement was executed between petitioner no.3 and respondent no.3 on 22.2.2017 under which petitioner no.3 advanced a sum of Rs.2 lacs for which 3 cheques dated 25.3.2017, 25.4.2017 and 25.5.2017 out of which two amounting to Rs.65,000/- each and one Rs.70,000/- were given to petitioner no.3 by respondent no.3 for security of the advance money, when the loan was not returned, cheques were produced before the bank, which came to be dishonoured for want of insufficient fund, in respect of which proceedings under Section 138 N.I. Act in Case No.25876 of 2017 against respondent no.3 is pending before the competent court, whereas the FIR has been lodged only with a view to get rid of the aforesaid liability.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally
disposed of.
Order Date :- 22.1.2019 RS