S.S. Saron, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS order will dispose of Criminal Misc. No. M -40363 of 2007 filed by Kulwant Rai and Criminal Misc. No. M -33618 of 2007 filed by Om Parkash as they both arise out of the same FIR No. 20 dated 7.4.2007 registered at Police Station Malerkotla for the offences under Sections 420, 506 and 34 IPC. The Petitioners in the respective petitions Kulwant Rai and Om Parkash are Commission Agents of the firm M/s Om Parkash Kulwant Rai. The FIR in the case has been recorded at the instance of Balwinder Singh and Jamit Singh, who have alleged that an inquiry be conducted with regard to the fraud committed by M/s Om Parkash Kulwant Rai, Commission Agents worth crores of rupees from poor farmers. It is alleged that the Petitioners Kulwant Rai and Om Parkash have defrauded poor farmers of crores of rupees. They have not made payment for the crops of Rabi and Kharif and Government bonus due which comes to approximately Rs. 2.5 crores. The firm of the Petitioners also does the business of property dealing and have lured the poor farmers to sell their land on the pretext that they would buy them another parcel of land on lesser rates. The farmers have been falling into their well laid down plan and have even handed over sale proceeds of the land by selling their land to the Petitioners who never returned the money nor purchased the land promised to them. The Petitioners are also stated to have gone abroad twice in the last six months. They have sold most of the moveable and immovable properties or transferred the same in the name of their relatives. On the basis of the complaint made an inquiry was marked by ADGP (Crime) to Mr. R.S. Bhullar, SP (Crime). The latter inquired into the complaint which was forwarded to the SSP, Sangrur. The Deputy District Attorney (Legal) also opined to act.
(3.) LEARNED Counsel for the Petitioners has submitted that the farmers had taken amount from the Petitioners for which pronotes were executed by them. The Petitioners have placed on record the pronotes Annexures -A.1 to A.49 executed by various persons in favour of the Petitioners. A reference has also been made to the civil suits filed by Petitioner Kulwant Rai for the recovery of the amounts on the basis of some of the pronotes. It is, therefore, submitted that the dispute relates to mere money transactions and is purely of a civil nature and no criminal liability can be fastened on the Petitioners. A reference has also been made to the report dated 22.9.2006 (Annexure -P.2) of the Deputy Superintendent of Police, Sub Division, Malerkotla who conducted an inquiry into the matter through the Station House Officer, Malerkotla. It was found that the complainant Balwinder Singh etc. after selling their crops had given money to Kulwant Rai on interest. All of a sudden one Commission Agent in the Grain Market, Dasaunda Singh Wala died and the farmers became apprehensive of their money and thought that Kulwant Rai may refuse to make the payments. Therefore, they started demanding money from Kulwant Rai collectively. On this Kulwant Rai executed pronotes in favour of the farmers. The photo copies of the pronotes have been attached. It has also been found that Kulwant Rai has lodged a case in the Civil Court at Sangrur against the farmers. A list of the persons who owe money to Kulwant Rai and also a list of persons who are to take money from Kulwant Rai is also attached. It was observed that the farmers on their sweet will had given the money to Kulwant Rai and had got the pronotes from him. During the inquiry it was found that the matter pertains to money transaction only.;