Nirmaljit Kaur, J. - (1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing of the complaint (Annexure P -7) dated 15.11.2006 and the summoning order (Annexure P -8) dated 06.10.2007 and also all subsequent proceedings.
(2.) THE facts, in short, are that admittedly the Respondent No. 2 is the owner of the truck bearing No. RJ -13G -9628 bearing Engine No. 30 -J -62286805 and chesis No. 426021JWZ 728257 and the year of make is 2003. The registration certificate of the truck bears the name of Niranjan Singh son of Darshan Singh, permanent residential address is House No. 16, Ainkot, Tehsil Batala, District Gurdaspur and the temporary address is Ward No. 15, Old Abadi Shri Ganga Nagar. He has also been issued a driving licence on 25.04.2000 from Varanasi and the number of driving licence is 8046/VMS/LMVITU/2000 dated 25.04.2000. Respondent No. 2 -Niranjan Singh filed a complaint under Section 406 IPC against the Petitioners in the Court of Judicial Magistrate, Batala on 15.11.2006 and the allegations, therein, are as under: He got truck financed from Citizen Finance India Limited near Panchwati, Ahmedabad. He himself is a truck driver and has paid 10 to 12 installments to the tune of Rs. 2,94,000/ -. In the end of 2004, the truck met with an accident and he was injured and his left leg was amputated and thus he stopped driving truck. In January, 2005, the Petitioners met him in his village and they have taken the truck in their transport company for plying it and they will keep on paying the installments and also the expenses. He gave the truck to them. They did not pay any installment nor did they settle the account. Sardul Singh etc. have misappropriated the truck worth Rs. 15,00,000/ -by cheating him. Learned Counsel for the Petitioners while praying for quashing of the complaint dated 15.11.2006 and the summoning order dated 06.10.2007 contended (a) that the story put forward in the present complaint is a counter blast to the FIR No. 317 dated 12.10.2005 under Section 407 IPC registered against Niranjan Singh by one Munish Khosla who alleged that Niranjan Singh has loaded 575 bags of basmati rice on 27.09.2005 for carriage to Kandla Port (Gujrat). He did not reach there. He sold the merchandise in Batala itself. FIR No. 317 dated 12.10.2005 was registered at Police Station City Batala. He was arrested on 20.10.2005. Challan has been filed in the case FIR No. 317 dated 12.10.2005 and Niranjan Singh is facing trial under Section 407 IPC. Therefore, the allegations in the present complaint are false as the truck was with the Petitioner and he personally loaded the truck. (b) The truck bearing No. RJ -13G -9628 with new number concealing the correct number was found abandoned within the jurisdiction of Police Station Chas, District Bokero, Jharkhand on 19.10.2005, nearly 21 days after the loading of the basmati rice. The correct number was concealed with a different number. The registration certificate and the driving license were also found in original in the truck. There is no dispute since the engine number and Chassis number are correct as per registration certificate. The truck is standing parked from 19.10.2005 till date as per the certificate given by the Incharge Police Station, Chas District Bokero, Jharkhand dated 26.12.2007.
(3.) RELIANCE has been placed on the judgment of Hon'ble the Apex Court rendered in the case titled as State of Haryana and Ors. v. Ch. Bhajan Lal and Ors. reported as, 1991 (1) R.C.R.383, as well as, the judgments of this Court rendered in the cases titled as Sudershan Chemical Industries Ltd. v. The State of Punjab reported as, 2003 (3) P.L.R. 89, as well as, Gurdeep Kaur v. Balbir Singh and others reported as, 2005(2) R.C.R 205 to contend that where the allegations made in the complaint are patently absurd and inherently improbable to the extent that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused and further that the complaint is mala fide and a counter blast to the FI Rs registered against him.;