Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Rohitash Kumar Singh, learned counsel for the petitioner and Ms. Meera Tripathi, learned AGA for the State-respondents.
The present writ petition has been filed by the petitioner, seeking quashing of the impugned F.I.R. dated 21.03.2021 lodged as FIR No.79 of 2021 under Sections 406, 420 of I.P.C. at police station Bakshi ka Talab, District Lucknow with a further prayer to stay the arrest of the petitioner.
Learned counsel for the petitioner argued that the petitioner was an agent in the company in question who work for the company and share the investment with the clients.
It is further submitted that the husband of the private respondent happens to be the friend of the petitioner and when he came to know that the petitioner is the agent in the company in question, he invested his money to share the profit, but later on when the complainant was not satisfied with the project she demanded her money back and also filed the impugned FIR levelling vague and false allegation against the petitioner that he took all the money and is not returning the same, although the fact is that the petitioner has no role of getting the amount in his account which has been taken from the complainant to invest in the project, hence, the present impugned FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and submitted that cognizable offence is made out against the petitioner in the impugned FIR is that the petitioner exploited the respondent no.4 by way of cheques amounting to Rs.3,57,500/-, therefore, the present writ petition is liable to be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner that he took huge amount of money in lieu of the project in question and when the complainant asked for her money the petitioner issued a cheque whose bank account was already seized. Thus, the dispute in question appears to be purely of civil in nature, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner and accordingly, the present writ petition is dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 Arnima