Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Diwakar Prasad Sharma, learned counsel for the petitioner, Shri S.N. Tilhari, learned Additional Government Advocate for the State/respondents no.1 to 3 and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner, Prashant Soni, seeking a writ of certiorari quashing the First Information Report dated 11.07.2021 registered as F.I.R. No. 457 of 2021, under Sections 409, 420 I.P.C., Police Station Gomti Nagar, District Lucknow.
Learned counsel for the petitioner submits that the petitioner is the Manager of Shine City Infra Project Pvt. Ltd (hereinafter referred to as "Company"). The owner/proprietor of the Company, namely, Rasheet Naseem and Asif Naseem, have been left India and run away to Dubai. It has been alleged in the impugned F.I.R. that the petitioner has taken money from the respondent no.4/complainant by cheque as well as by cash and, thereafter, the petitioner had given a PDC Cheque No. 294288 amounting to Rs.34200/- but the same was dishonored on account of insufficient fund. He argued that even if the case of the prosecution is presumed to be true, it is case of Negotiable of Instrument Act and for that, remedy is available to the complainant to file appropriate application under Sections 138 and 142 of he Negotiable Instruments Act. He also argued that in the case of civil matter as well as dishonor of cheques, the police has no power/jurisdiction to register the impugned F.I.R., hence the impugned F.I.R. is liable to be dismissed.
Learned AGA, on the other hand, has opposed the prayer of the learned Counsel for the petitioner for quashing the impugned F.I.R. and has argued that it transpires from the impugned F.I.R. that in the month of October, 2017, the petitioner went to the house of the complainant and asked him to invest in his company. On the assurance of the petitioner, the complainant has invested Rs.1,00,000/- in RSLP plan of the Company through Cheque No. 079918 of the Central Bank of India. After investment, e-receipt, bearing No. R12786, of Rs.1,00,000/- has been provided to the complainant on 14.12.2017 by the petitioner himself. On 24.12.2018, amount of Rs.28,042/- has been debited in the account of the complainant in lieu of the investment. Thereafter, on expiry of one year, no amount has been paid by the Company, hence the complainant has contacted the petitioner, to which the petitioner has provided a post dated cheque, bearing no. 294288, amounting to Rs.34200/- of the Company to the complainant but the same was dishonored on account of insufficient fund. Thereafter, the complainant has again contacted the petitioner, to which the petitioner has asked the complainant to give him Rs.20,000/- so that he will give a Scooty and in the assurance of the petitioner, the complainant has transferred Rs.20,000/- in the account of the petitioner but neither the amount of Rs.20,000/- has been given to the petitioner nor the Scooty as assured by the petitioner has been given to the complainant. He argued that it is a clear case of cheating and forgery and in the impugned F.I.R., there is specific allegations for cheating and forgery against the petitioner. He also argued that investigation of the case is going on and further from perusal of the impugned F.I.R., it cannot be said that no cognizable offence is made out against the petitioner, hence the instant writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the petitioner and learned AGA and also gone through the impugned F.I.R., gravity of offence and also considering the fact that the impugned F.I.R. discloses cognizable offence 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 petitioners.
The petition lacks merit and is, accordingly, dismissed.
Order Date :- 27.7.2021 Ajit/-