Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1500 of 2019 Petitioner :- Subodh Panwar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned AGA for the State- respondent and perused the record.
Instant writ petition seeks quashing of the FIR dated 10.12.2018 registered as Case Crime No. 599 of 2018, under Sections 420,406,504,507 IPC, P.S. Bhawanpur, District Meerut.
Allegation in the FIR is that Subodh Panwar (Petitioner) had introduced the informant to a consumer of raw material to whom the informant supplied raw material under the assurance that the informant would be directly paid money in lieu of supply, but the petitioner fraudulently took the payment from the person to whom the supply was made and when the money was demanded the petitioner offered cheque and when the cheque was submitted for encashment it was returned with remark that the payment has been stopped by the drawer. It is alleged that when the cheque amount was demanded by the informant, he was threatened.
Learned counsel for the petitioner has submitted that in so far as dishonour of the cheque is concerned, it may disclose an offence punishable under Section 138 of NI Act but there is no justification to draw proceedings for offences punishable under Sections 420,406 IPC.
Aforesaid contention cannot be accepted, at this stage, because it is a matter of investigation and evidence as to whether the petitioner had the dishonest intention from the very beginning or not as there is specific allegation in the FIR that the understanding was that payment would be made directly to the supplier (informant) and instead the petitioner fraudulently took payment and thereafter gave a cheque which got dishonoured. Moreover, it has been alleged that informant was threatened. Therefore, it cannot be said that a prima facie case for registration of the FIR is not made out against the petitioner.
The writ petition is dismissed.
Order Date :- 22.1.2019 RavindraKSingh