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2013 DIGILAW 317 (RAJ)

Rajeev Kumar v. State of Rajasthan

2013-02-07

SANDEEP MEHTA

body2013
JUDGMENT 1. - The instant misc. petition has been on behalf of the petitioner seeking quashing of the FIR No. 76/2012, registered at the Police Station Gharsana, Distt. Sri Ganganagar for the offences under Sections 420, 467, 468, 471 and 120-B IPC. 2. Briefly stated the facts necessary for the disposal of this misc. petition are that the complainant-respondent No. 2 filed a complaint in the court of the learned Judicial Magistrate, Gharsana with the allegation that he had purchased a CT Star Sports Motorcycle from the petitioner's firm Vinayak Motors on 27.9.2009. The complainant alleged that the receipt number 169 dated 27.9.2009, which was given by the petitioner to the complainant was a forged receipt. The complainant further alleged that the accused was under an obligation to provide the registration certificate and insurance cover note of the motorcycle in question to the complainant. But, the accused in order to cheat the complainant gave him a forged bill in the name of Ganga Gold Agro Pvt. Ltd. He further alleged that he as well as his son namely Suresh Kumar met the accused on a number of occasions for the purpose of having the registration certificate as well as the insurance cover note of the motorcycle prepared. But, the accused kept on giving them false assurances and did not provide the registration certificate as well as the insurance cover note of the motorcycle to the complainant. It is further alleged in the complaint that when the complainant came to know about the fraudlent intentions of the accused, he enquired about the Ganga Gold Agro Pvt. Ltd. on phone, upon which, he was informed that no such company in the name of Ganga Gold Agro Pvt. Ltd. exists. The complainant further alleged in the complaint that he was threatened by the accused that he would forcibly take the motorcycle back from him if he pressed for getting the registration certificate as well as the insurance cover note of the motorcycle. The complainant further alleged that on 22.2.2012, he along with his son Suresh Kumar and one Buta Singh went to 2MLD for meeting but the petitioner was not found there. The complainant further alleged that he requested the petitioner's brother who also looks-after the firm Vinayak Motors to prepare the registration certificate of the motorcycle but he did not pay any heed to the request made by the complainant. 3. The complainant further alleged that he requested the petitioner's brother who also looks-after the firm Vinayak Motors to prepare the registration certificate of the motorcycle but he did not pay any heed to the request made by the complainant. 3. The complaint filed by the complainant was forwarded to the Police Station Gharsana under Section 156(3) Cr.P.C., whereupon, the FIR No. 76/2012 was registered for the above mentioned offences and investigation commenced. The petitioner Rajeev Kumar has now approached this Court seeking quashing of the above mentioned FIR by invoking the inherent powers of this Court. 4. Learned counsel for the petitioner submits that the petitioner's firm was simply an authorised agent of the dealer Ganga Gold Agro Pvt. Ltd. and accordingly he provided the complainant a vehicle with the bill of the dealer company. Learned counsel for the petitioner submits that the FIR has been filed malafidely for the purpose of forcing the petitioner to make payment of the insurance as well as the registration charges of the vehicle, which, the petitioner was not liable to bear. Learned counsel submits that if at all the allegations of the complainant levelled in the complaint are accepted to be true at their highest, then too, it is purely a case of civil nature. Learned counsel thus prays that the FIR impugned deserves to be quahsed. 5. Per contra, learned Public Prosecutor and learned counsel for the complainant-respondent No. 2 have vehemently opposed the submissions advanced by learned counsel for the petitioner and submit that the petitioner whilst selling the motorcycle to the complainant issued a fraudlent bill and also did not keep his promise regarding having the registration and insurance of the vehicle done. Learned Public Prosecutor and learned counsel for the complainant respondent No. 2 thus submit that the FIR impugned does not call for any interference by this Court. 6. Heard learned counsel for the parties and perused the FIR impugned. 7. From a perusal of the FIR impugned, it is apparent that the same appears to be lightly motivated. The alleged sale of the motorcycle by the petitioner to the complainant was carried out in the year 2009. 6. Heard learned counsel for the parties and perused the FIR impugned. 7. From a perusal of the FIR impugned, it is apparent that the same appears to be lightly motivated. The alleged sale of the motorcycle by the petitioner to the complainant was carried out in the year 2009. If at all the complainant was aggrieved by the so called fraudulent act of the accused in not having the insurance and registration of the vehicle done as promised, then, there was no rhyme or reason for him to have waited for a period of two and a half years before initiating the prosecution. That apart, even if the allegation of the complainant regarding the accused not getting done the registration and the insurance of the vehicle is accepted to be true at its highest, then too, the same does not fall in the category of any offence. At best, the complainant may take recourse by way of a civil remedy for breach of a contract. But, by no stretch of imagination, it can be said that the allegations as set out in the FIR constitute a cognizable offence so as to permit the petitioner's prosecution in this case. 8. Resultantly, this misc. petition is allowed. The FIR No. 76/2012, registered at the Police Station Gharsana, Distt. Sri Ganganagar for the offences under Sections 420, 467, 468, 471 and 120-B IPC and all other subsequent proceedings pursuant thereto against the petitioner are hereby quashed.Petition allowed. *******