Hari Pal Verma, J. - (1.) Petitioner - Raj Kumar Sharma son of Late Shri Satpal Sharma, resident of Trishul Villa, Near Kundan Lal Hospital, Ahmadgarh, District Sangrur has filed the present petition under Sec. 482 CrPC for issuance of directions to respondents no. 1 and 2 to hand over the investigation of case FIR No. 267 dated 10.4.2015 under Ss. 406, 420, 506 IPC, Police Station Model Town, Panipat to some high ranked police official of a specialized agency, who is not amenable to undue influence wielded by respondents no. 5 and through his real brother, respondent no. 7, who is stated to be posted as Inspector General of Police with Punjab Police.
(2.) Briefly stated, FIR No. 267 dated 10.4.2015 under Ss. 406, 420, 506 IPC, Police Station Model Town, Panipat was registered against respondents no. 5 and 6 at the instance of the petitioner. The petitioner, who is a resident of Ahmadgarh, District Sangrur owned a firm namely Sun Canada Exim Inc. situated at 1210 -18, Knightbridge Road, Brampton L6T 3X5 CA, Canada. The said firm deals in supply of waste garbage containers. Firm supplies old rags after purchasing it from Canada. Petitioner had family relations with respondents no. 5 and 6 and they do visit each other's house very often. The respondents -accused asked the petitioner to send old garbage from Canada to India and they will do business in partnership. Respondent no. 5 told the petitioner that he will induct the petitioner in his firm namely M/s. Soniya International, 45, Friends Colony, Panipat and the profit earned by them shall be distributed in the proportion of 50:50. Accordingly, the petitioner made an investment of 50,000 USD in the partnership. The respondents -accused also invested some money in this business and all the accounts were maintained in Soniya International at Panipat. The petitioner used to send old rags from Canada to Panipat, whereas the respondents -accused after filtering the same, used to sell it in the market. This business kept on running smoothly for some time. The petitioner had sent material worth 7,98,295.03 USD in several containers to the respondents -accused from 8.10.2011 to April, 2014. However, the respondents -accused accounted for material worth 7,41,492.57 USD only. Regarding this, the petitioner made telephonic conversations with respondent no. 5 several times and sent numerous e -mails asking for the accounts. Some e -mails were replied and the petitioner was also given assurances that the entire accounts would be provided and the balance money shall be given. Though the respondents -accused told about the profit earned, but did not give any account of the same. They rather purchased material from the money invested in the partnership, but showed losses incurred thereon. They supplied vague accounts. It was never decided that the respondents -accused can purchase material from outside. It has been averred that the accounts supplied by the respondents -accused were totally wrong and therefore, they have played fraud upon the petitioner and usurped his 56,802.66 USD. The petitioner was informed by e -mail that two container shipments have not been received, as the same have been stopped by the Customs Department and are lying with them, for which, Rs. 11 lacs would be required for clearance. In this manner, the respondents -accused have concocted false story and usurped his money. The accounts furnished by the respondents -accused were shown as losses in business and therefore, the documents are false. The petitioner ended the partnership and rather, asked the respondents -accused to furnish accounts, but no accounts were supplied to him. In this manner, the respondents -accused have usurped an amount of Rs. 35 lacs of the petitioner by committing fraud and cheating and when the petitioner asked for return of money, they have threatened to kill him.
(3.) Reply by way of affidavit of Atma Ram, D.S.P., Traffic, Panipat has been filed on behalf of respondents no. 1 to 4, wherein it has been stated that the petitioner is doing the business of rags (wastage garbage) at Canada under the name and style of Sun Canada Exim Inc. and he had entered into an oral agreement with respondents no. 5 and 6 to the effect that the petitioner shall supply rags from Canada to the respondents -accused in their firm M/s. Soniya International, Panipat. The petitioner was partner of 50 paise in the said firm and therefore, profit was to be divided in the proportion of 50:50 between both the partners. Initially, both the partners did some business of rags, however, after some time, differences arose between them on the issue of distribution of profit and loss. Neither there was any written agreement nor the terms and conditions of the business were reduced into writing and everything was oral. The police has conducted the investigation very thoroughly, but during investigation, it was not proved that the petitioner was partner of the firm M/s. Soniya International, Panipat and at the most, it was a case of distribution of profit and loss between the parties. Thus, the issue was absolutely civil in nature and no criminal liability is established. In this manner, the police after conducting thorough investigation has submitted cancellation report which is pending consideration before the trial Court. It has been further submitted that the investigation was conducted by the local police honestly, fairly and without any influence of higher police officials. The plea of the petitioner that the matter be handed over to some high ranked police official of some specialized agency is totally misconceived and rather, imaginary.;