SHYAM KISHAN PANDEY Vs. STATE OF PUNJAB
LAWS(P&H)-2014-7-283
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 15,2014

Shyam Kishan Pandey Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Anita Chaudhry, J. - (1.) PETITIONER along with his brother Feman Kumar Pandey (non -petitioner), have been arraigned as accused in FIR No. 51 dated 19.08.2013, registered under Sections 408, 420, 467, 468 and 471 IPC, Police Station Raikot, District Ludhiana is seeking quashing of the FIR in the petition filed under Section 482 Cr.P.C.
(2.) THE impugned FIR has been registered at the instance of Mohan Lal Birdi containing the allegations that the complainant engaged the petitioner as Clerk on a monthly salary of Rs. 5000/ - at his petrol pump, M/s. Raikot Filling Station, Raikot. The complainant reposing full faith handed over signed cheque book and letter heads of the company to the accused. The complainant came to know in the month of March 2013 that the accused had been convicted in some case and had been sent to jail. The complainant started looking after his business and then came to know that the accused had misused the cheques and his signed documents and had misappropriated a sum of Rs. 20 lacs from the sale proceeds and had transferred the amount from the credit limit loan account. When the complainant confronted the accused on his release from jail, the accused criminally intimidated him. On these broad allegations, the FIR was registered. The contention of learned counsel for the petitioner is that the petitioner was inducted as a partner by the complainant, after receiving Rs. 7 lacs and Annexure P -1 was executed. He has further contended that it is the petitioner who has been cheated by the complainant and in this regard the petitioner has also filed a civil suit for permanent injunction restraining the complainant from alienating the petrol pump in question and had filed a criminal complaint under Sections 382, 406, 420 and 506 IPC, against the complainant.
(3.) I have heard the learned counsel for the petitioner.;


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