- (1.) Feeling aggrieved against the alleged inaction on the part of police authorities, petitioner has approached this Court by way of instant petition under Section 482 of Code of Criminal Procedure, invoking its inherent jurisdiction for direction to the official respondents, to hand over the enquiry to some independent agency.
(2.) Learned counsel for the petitioner, at the very outset, submits that it is not prayer of the petitioner that a criminal case be ordered to be registered against respondent Nos. 5 and 6. He further submits that only prayer of the petitioner was for ordering an enquiry against respondent Nos. 5 and 6.
(3.) Learned counsel for the petitioner further submits that the land, which was in possession of the petitioner, as depicted in Annexure P-1, was sold by the petitioner. He fairly concedes that petitioner was not the owner of the land but he sold only the possession thereof, as the land was owned by the provincial government. The further allegation of the petitioner is that he paid Rs.46 lacs to respondent No.5 but without any receipt. Learned counsel for the petitioner next contended that when the job for which he paid Rs.46 lacs to respondent No.5 was not got done, respondent No.5 issued two cheques in favour of the petitioner, which are appended as Annexure P-4. Both these cheques came to be dishonoured by the bank. However, petitioner did not file any complaint under Section 138 of Negotiable Instruments Act, 1881 (for short the Act') against respondent No.5. He also submits that the petitioner could not file the complaint under Section 138 of the Act for the reason that having been returned by the bank, both the cheques in original, were got snatched from the petitioner by respondent No.5, with the help of police officials. Thereafter, he moved a representation dated 14.8.2009, Annexure P-6, before Senior Superintendent of Police, Jalandhar but no action was taken. Having been left with no other option, the petitioner has approached this Court, Notice of motion was issued and pursuant thereto, reply by way of affidavit dated 15.12.2009 of Diljinder Singh Dhillon, Deputy Superintendent of Police, Sub Division Shahkot, District Jalandhar, was filed on behalf of respondent Nos. 1 to 4. Separate replies were filed on behalf of respondent Nos. 5 and 6.;