Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1491 of 2019 Petitioner :- Naseem Ahmad And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondent nos. 1 and 2 and perused the record.
The instant petition seeks quashing of the first information report dated 28.11.2018, registered as Case Crime No. 351 of 2018, under Sections 406, 504 and 506 I.P.C. Police Station- Jaitpura, District-Varanasi.
The allegations in the first information report are to the effect that the informant had supplied silk thread to the accused against 17 cheques of different dates. When the cheques were deposited for encashment, they were dishonoured by disclosing that there was insufficient balance in the drawer's account. It is alleged that thereafter when the informant made demand for return of his money he was threatened.
Learned counsel for the petitioner has submitted that the money has already been paid to the informant in cash and the cheque was given by way of security.
It is well settled that defence of the accused is not to be seen at this stage. Otherwise also, no document has been brought on record to support the above contention. Moreover, it is a matter of evidence whether the accused had dishonest intention from the very beginning.
As first information report discloses commission of cognizable offence, no case for interference is made out. Petition is dismissed.
Order Date :- 22.1.2019 sweta