JUDGEMENT
Mehinder Singh Sullar, J. -
(1.) The epitome of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the complaint of complainant Gurlal son of Sukhpal (for brevity "the complainant"), which formed the basis of FIR (Annexure P1) is as under:-
"That the complainant was in search of second hand car for his personal use and was looking for a second hand car when he met above said Prashant Sharma, whom the complainant already know since the days when he was studying at Abohar, in a wedding ceremony at SRF Resort Abohar on 16-11-2012 where Prashant Sharma proposed to the complainant to sell his Car Make Audi A4 No.CH 01 AG 0046. (2) That since the complainant was keen to buy a used car the complainant invited the abovesaid Prashant Sharma to come to his house to settle the deal there. Thus both the complainant and above-said Prashant Sharma reached my house situated in village Kikkar Khera where in the presence of Navdeep S/o Diwan Chand, R/o Street No.12, Model Town, Abohar and Jaswinder Singh, S/o Pritam Singh, R/o Sidhu Nagri Abohar, Prashant Sharma against proposed to sell his above-said car for a total consideration of 20,00,000/- Lacs only and accordingly the deal was settled at 19,00,000/- Lacs out of which the complainant paid 15,00,000/- (Fifteen Lac) to Prashant Sharma in cash in presence of said witnesses and in return Prashant Sharma signed all the documents pertaining to transfer of above-said car in the name of the complainant and he further assured the complainant that he will get the car inspected from Registration Authority, Chad, and thereafter will hand over the car to him along with the RC and when the car will be transferred in the name of the complainant the complainant will pay the remaining 4,00,000/- Lacs to Prashant Sharma. Thereafter, on this assurance that he will soon get the car transferred in the name of the complainant Prashant Sharma took the car and 15,00,000/- and left for Chandigarh. (3) That since then the complainant tried several times to contact Prashant Sharma to hand over the car to him but Prashant Sharma kept dilly dallying on one pretext or other and did not hand over the car to the complainant as promised nor did he returned the money to the complainant and now he plainly refused to either hand over the car or to return the money. Prashant Sharma in this way induced the complainant to buy his car and dishonestly received a sum of 15,00,000/- from the complainant and misappropriated the same."
(2.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution, inter-alia, claimed that the petitioner has cheated and misappropriated the huge amount of 15 lacs of complainant. In the background of these allegations and in the wake of complaint of complainant, a criminal case was registered against the petitioner-accused, vide FIR No.148 dated 23.12.2013 (Annexure P1), on accusation of having committed an offence punishable under Section 420 IPC by the police of Police Station Bahav Wala, District Fazilka in the manner depicted here-inabove.
(3.) Sequelly, instead of submitting to the jurisdiction of the trial Court, petitioner-accused has straightway jumped to file the present petition, to quash the impugned FIR (Annexure P1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC.;
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