- (1.) HEARD Sri Gopal Mishra, learned counsel for the petitioners, learned A.G.A. and Sri O.P. Singh, Senior Advocate, assisted by Sri Ashok Singh, learned counsel for the complainant -respondent no.3.
(2.) THIS petition has been filed by the petitioners Deepak Jaiswal, Jyoti Jaiswal and Vikas Jaiswal with a prayer to quash the F.I.R. in case crime no. 244 of 2014, under sections 409,342,506,120 -B I.P.C. P.S. Fajalganj district Kanpur Nagar.
(3.) FROM the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused. However, considering the submission made by the learned counsel for the petitioners that there were commercial transaction inter se the parties i.e. in between M/s Poonam Enterprises, Kanpur Nagar, M/s Aakar Glazing System, Mumbai as well as M/s Supreme Mechanical, Mumbai, on account of commercial transaction dispute, the impugned FIR has been lodged against the petitioners by respondent no. 3 Shakil Ahmad Siddique and from the side of the petitioners, petitioner no. 2 Jyoti Jaiswal has lodged the FIR against respondent no. 3 and another in case crime no. 284 of 2014, under sections 419,420,465,467,468,471,384,406,506,504,120 -B I.P.C. P.S. Rai Purwa district Kanpur Nagar in which the arrest of the accused Manoj Tiwari alias Bihari alias Manoj Kumar and another have been stayed by another bench of this court on 21.1.2015 in criminal misc. writ petition no. 1117 of 2015 till credible evidence is not collected against them or till the submission of the report under section 173(2) Cr.P.C. whichever is earlier,it is directed that the petitioners shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during investigation as per the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P., 1994 CrLJ 1981.;