N.N. Mathur, J. - (1.) By way of instant petition u/s. 482 of the Code of Criminal Procedure, petitioner seeks to quash FIR No. 256/1997 Police Station Sadul Shahar for offence u/s. 420 IPC.
(2.) I have perused the impugned First Information Report. Second respondent-Surendra Kumar Goyal, Proprietor of M/s. Goyal Trading Co., a grain merchant and commission agent at Sadul Shahar submitted a written report to the S.H.O. Police Station Sadul Shahar on 26.7.1997 stating interalia that there is a firm in the name of M/s. Ganganagar Vanaspati Refinery Ltd. and the petitioners herein Jai Gopal and Pramod Kumar are Directors of the said firm visited his shop on 23.6.1995 and made a proposal for supply of ghee. A good profit was also assured by them. On their demand, on behalf of the company, following cheques of Punjab National Bank were given to both the Directors:- JUDGEMENT_60_LAWS(RAJ)3_2004_1.html Both the Directors failed to keep their promise to supply ghee immediately in spite of repeated request. Later on, he came to know that both the Directors have closed the factory almost a year back and left for Punjab. He tried to contact them in Punjab in vain. It is further alleged that both the Directors namely Pramod Kumar and Jai Gopal collected the cheques in the sum of Rs. 15,10,000/- fraudulently. From the beginning, they had no intention to supply the ghee. At the first instance, the petitioner approached to this Court u/s. 482 of the Code of Criminal Procedure for quashing of impugned First Information Report which was registered as S.B. Criminal Misc. Petition No. 817/1997. Notice was issued on 3.11.1997. When the matter came up for hearing on 2.8.1999, learned Public Prosecutor submitted that investigation is complete in the matter and police has decided to forward Final Report in negative. In view of this, counsel for the petitioner did not press the petition and the same was dismissed by the order of the Court dated 2.8.1999. Petitioner has again approached to this Court seeking direction to quash the same First Information Report on the ground that irrespective of the fact that more than three years have lapsed, no Final Report has yet being submitted by the police. It is submitted by the learned counsel for the petitioner that outstanding of respondent-company has been shown in the balance-sheet of the petitioner-company. Supply of ghee could not be made as the Rajasthan Financial Corporation has taken possession on the factory on 25.10.1996 and since then entire factory and assets are in possession of R.F.C. The total book value of the assets of company at the time of taking over possession was Rs. 2.6 crores. It is further submitted that pure and commercial transaction which took place as back as in June and July, 1995 and, thereafter, regular accounting has been done and interest has been added and the outstanding was drawn as on 31.3.1996. Thereafter, again the accounting was done on 31.3.1997 and the interest on the entire outstanding has been made and calculated which comes to Rs. 20,27,647/-. It is alleged that instant complaint has been filed in collusion with R.F.C. with a view to grab entire assets of the company at nominal price.
(3.) On the other hand, it is submitted by the learned counsel for the respondent that as per the averments made the petitioner himself, possession over the factory has been taken over by R.F.C. on 25.10.1996 whereas the cheques were given more than a year back i.e., in the month of June and July, 1995. If the accused-company has any intention to supply the ghee, they could have done it immediately as promised. It is further submitted that FIR is sought to be quashed to restrain the police from investigating the matter, but, in the instant case entire investigation is complete and the police is ready for submitting the report in negative or positive, as such, petition has itself become infructuous. It is further submitted that at this stage, allegation of complainant will have to be accepted on its face value and the truth or falsity of which would not be gone into by the Court at the earliest stage. The correctness of the allegations in the complaint is a matter of investigation.;