IMPORTANT POINTSThe inherent powers under Section 482 should be exercised in a given and deserving case where the Court is satisfied that exercise of such power would either prevent abuse of such power or such exercise would result in securing the ends of justice.

ORDER

1. By means of this appeal, the appellant Jaswant Singh has prayed for quashing of the order dated 06.02.2020 passed by the learned Single Judge of the Punjab and Haryana High Court in CRM-M-32011 of 2018 (O&M) whereby the High Court declined to exercise its powers under Section 482 of the Criminal Procedure Code¹[Cr.P.C.] to quash the criminal proceedings arising out of FIR No. 179 dated 29.10.2009 under Section 406/420 of the Indian Penal Code²[IPC] , Police Station Fatehgarh Sahib, District Fatehgarh Sahib. However, the High Court granted bail to the appellant subject to certain conditions contained in the said order. The factual matrix giving rise to the present appeal is narrated hereunder:

2. Respondent no.2 Nasib Singh (the Complainant) moved an application dated 18.08.2009 addressed to the Senior Superintendent of Police, District Fatehgarh Sahib stating therein that he was known to one Gurmeet Singh, who was in the business of sending people abroad. Gurmeet Singh had assured the Complainant that his two acquaintances Jaswant Singh and Gurpreet Singh who were already settled in Italy, would help his son to get a job and settle in Italy. For the aforesaid arrangement, Gurmeet Singh demanded a total amount of Rs 7 lacs. Further, according to the Complainant, Rs 4 lacs was paid in cash on 10.12.2008 and thereafter Rs. 2 lacs were paid by way of a cheque dated 18.02.2009 of the Punjab National Bank, Branch AS College, Khanna in favour of Gurmeet Singh which amount has since been credited in the account of Gurmeet Singh. Soon thereafter Sarpreet Singh, son of the Complainant, was put on a flight to Italy on 19.02.2009. Further allegation is that Jaswant Singh and Gurpreet Singh did not honour their promise and harassed his son. They did not arrange for a job as per their promise. The documents were misplaced by them and ultimately his son had to return after three/four months. The complaint further alleges that the named accused further demanded Rs. 3 lacs and also threatened of dire consequences in case the money was not paid. That his son was mentally upset and he has also spent huge amount in travelling and treatment of his son. It is thus prayed that appropriate action be taken and justice be done to the Complainant.

3. The said complaint was inquired into by the ASI Manjit Singh of the Economic Offences Wing, Fatehgarh Sahib. In the inquiry, the statements of the Complainant, his son and Gurmeet Singh were recorded. Further Jaswant Singh and Gurpreet Singh, who were settled abroad and named in the complaint, were also called upon to submit their statements which they have forwarded through e-mail. The Inquiry Officer did not find the case so as to make out any offence of cheating or breach of trust and, accordingly, recommended that the application be consigned by order dated 04.09.2009.

4. The in-charge, Economic Offences Wing, Shri Gurdeep Singh, also examined the material and the evidence on record and concurred with the recommendation made by the ASI on 04.09.2009. The Deputy Superintendent of Police, Bassi Pathana, Shri Rajwinder Singh also recommended that there is no need of any action on the application and the same may be consigned. However, the Senior Superintendent of Police Shri Kostav Sharma, directed the Station House Officer to register a first information report and accordingly an FIR was registered on 29.10.2009. The matter was further investigated and a police report under Section 173(2) of the Cr.P.C. was submitted with the finding that a triable case was made out only against Gurmeet Singh, and as against the other two named accused Jaswant Singh and Gurpreet Singh, as there was no evidence of any offence, they were exonerated.

5. In the meantime, an additional statement of the complainant Nasib Singh was recorded on 20.05.2010 in which also he clearly stated that he had paid the amount to Gurmeet Singh, Rs. 4 lacs in cash and Rs. 2 lacs by cheque.

6. Based on the police report and the material encl