Decided on November 09,2020

Union Territory Of Jk Respondents


Ali Mohammad Magrey, J. - (1.)This petition under Section 482 Cr. P.C., has been filed by the petitioner seeking quashment of FIR No. 29/2015 dated 13.05.2015 RPC registered at Police Station City Jammu against the petitioner under section 420,467,468,471 RPC.
(2.)Briefly stated the case of the petitioner is that the petitioner is a businessman and married person having two children and family members of the petitioner are totally dependent upon the earning of the petitioner. It is submitted that one person namely Shafiq Ahmed S/o Mohd Hussain was also running a business of Dry Fruits under the name and style of M/s Kashmir Dry Fruits and Honey Traders at Vidhata Nagar Bathindi Jammu adjacent to the shop of the petitioner. It is further submitted that on 18.10.2012 the said Shafiq Ahmed approached the petitioner and requested to give his any account number having online transaction facility. The petitioner, being the neighbor of the said Shafiq Ahmed, acceded to his request and gave him his account number bearing account no. 0097010100002408 of J&K Bank Branch Town Hall, Jammu. After obtaining the bank account number of the petitioner, the said Shafiq Ahmed went to the petitioner's Bank at Town Hall and deposited cheque amounting to Rs. 5.50 Lacs. After depositing the said cheque, the said Shafiq Ahmed again requested the petitioner for withdrawal of said amount immediately from his account as he required the money urgently. The petitioner on this told the said Shafiq Ahmed that this is the big amount so he will not withdraw this amount instead the petitioner requested him to give his account number so that he could transfer above mentioned amount of Rs. 5.50 lacs to the account of Shafiq Ahmed. The said Shafiq Ahmed further requested the petitioner for issuance of three cheques, two in the name of Tariq Ahmed Sheikh and one in the name of Shafiq Ahmed and the petitioner on this request issued two cheques in favour of Tariq Ahmed Sheikh amounting to Rs. 1,90,000/- and 3,50,000/- and same was handed over to the Tariq Ahmed Sheikh. The Shafiq Ahmed thereafter on 22.10.2012 obtained another cheque amounting to Rs. 9000/- from the petitioner and as such, the Shafiq Ahmed received whole money being deposited by him in the account of the petitioner. It is further averred that some time the petitioner was informed by the police officials that one complaint dated 16.01.2013 has been filed by the Respondent no. 2 before the Police Post Hari Market for registration of FIR against the petitioner and said Shafiq Ahmed. Later on, the petitioner also came to know that Tariq Ahmed has also filed one civil suit for permanent prohibitory injunction against the Shafiq Ahmed and Branch Manager J&K Bank Town Hall. The respondent no. 1 after receiving the copy of above- mentioned plaint, assured the petitioner that no FIR would be registered against him, however, the respondent no. 1 thereafter registered one FIR bearing FIR NO. 29/2015 dated 13.05.2015 against the petitioner under section 420,467,468,471, of which the petitioner is aggrieved, challenges the same on the grounds detailed out in the petition.
(3.)Learned counsel for the petitioner submits that lodging of FIR, in the present case, is nothing but an abuse process of law and that the FIR has been lodged with the oblique motive. It is further submitted that the registration of FIR is wholly unwarranted, aimed at victimizing the petitioner. It is further pleaded that by registering the FIR in question, the civil nature dispute between the parties has been given the shape of a Criminal complaint, which has been depreciated by the Hon'ble Supreme Court from time to time.

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