JUDGMENT :

Prasanta Kumar Deka, J.

1. Heard Mr. D.K. Misra, learned Senior counsel assisted by Mr. D. Prasad learned counsel for the petitioners. Also heard Mr. N.N.B. Choudhury, learned Senior Govt. Advocate, Arunachal Pradesh for the respondent Nos. 1 and 2 and Mr. S. Borthakur learned counsel for the respondent No. 3.

2. This writ petition under Article 226 of the Constitution of India is filed by the petitioner for quashing the First Information Report (FIR) dated 9.7.2010 lodged by the respondent No. 3 before the officer-in-charge, Itanagar Police Station on 24.7.2010 on the ground that no offence has been disclosed by the said FIR and the registration of Itanagar Police Station Case No. 144/2010 under Section 420 IPC, is an abuse of the process of law and liable to be quashed.

3. During the pendency of the writ petition the respondent No. 2, officer-in-charge, Itanagar P.S. submitted charge sheet before the Judicial Magistrate, First Class on 2.9.2011 against the petitioner No. 2. The petitioner No. 1, wife of the petitioner No. 2 filed additional affidavit by bringing the charge sheet on record and assailed it on the ground that if the allegations made in the charge sheet are accepted on its face value in its entirety, no case is made out against the petitioner No. 2.

4. FIR of the respondent No. 3 informant discloses that the petitioner No. 2 issued four number of cheques amounting to Rupees 2 crores on 31.05.2010 payable in any branch of Axis Bank from his account. Later it was found that there was insufficient fund in the account and it was alleged that the petitioner No. 2 cheated the respondent No. 3 very badly. On the aforesaid facts Itanagar P.S. Case No. 144/2010 U/S 420 IPC was registered against the petitioner No. 2 who was arrested from Delhi on 11.8.2011. The petitioner No. 1 is the wife of the petitioner No. 2 who had no information about her husband. On 14.8.2011 the respondent No. 3 intimated her that the petitioner No. 2 was arrested at his instance and unless the amount due to him is paid the petitioner No. 2 would not be released from jail. The petitioner No. 1 being worried about welfare of her husband filed the writ petition for quashing the FIR on 19.8.2011. Vide order dated 23.8.2011 passed in the writ petition this Court directed the Chief Secretary to the Govt. of Arunachal Pradesh to provide security to the brother of the petitioner No. 2 whose name is Sri Deseli I. Solo (D.I. Solo) to enable him to meet the petitioner No. 2 at Itanagar and take appropriate steps for release of the petitioner No. 2 on bail.

5. A local lawyer moved a bail petition before the Judicial Magistrate, Ist Class, Itanagar at Naharlagun which was granted on 1.9.2011 on the condition of furnishing bail amount of Rs. 15,000/- with one local surety of like amount. Bailor should be a permanent resident of Itanagar and if he is non Arunachallee he/she should be a regular Government employee of State of Arunachal Pradesh. The petitioner No. 1 filed an application for modification of the conditions of the bail order and this Court was satisfied to modify the bail order to the extent that the accused person shall furnish bail amount of Rs. 30,000/-. Vide order dated 14.9.2011 it was also directed to provide adequate security to the brother of the petitioner No. 2 for their safe return journey to Banderdewa.

6. Pursuant to the order dated 14.9.2011 when the brother D.I. Solo went to Itanagar to get his brother released from jail on 16.9.2011, the respondent No. 3 forced him to sign the so called agreement dated 16.9.2011 and in clause No. 3 it was mentioned that D.I. Solo agreed to pay the respondent No. 3 the total loan amount of Rs. 2 crores plus three years interest on 8.8.2012. The respondent No. 3 filed a complaint before the Judicial Magistrate, 1st Class, Naharlagun stating interalia that on 16.9.2011 D.I. Solo agreed to pay a sum of Rs. 3 crore which he neither paid nor came to Itanagar to settle the issue. The JMFC, 1st Class N