R.C.Kathuria, J.

1. Gulshan Kumar, petitioner seeks quashing of FIR No. 249 dated 21.8.2001 registered under Sections 420 and 406 of the Indian Penal Code with Police Station Civil Lines, Amritsar.

2. The case put up by the petitioner is that he had hired car bearing registration No. PB-18D-3330 owned by Gurvinder Singh resident of Chander Nagar, Batala, respondent No. 2. On 26.2.2001 at 10.15 p.m., Gulshan Kumar, petitioner, who is a cloth merchant having his shop at Gandhi Chowk, Batala had gone to Munni Lal Chopra Memorial Hospital located on Mal Raid, Amritsar in order to see his relative, who was admitted in the said hospital. When he came out of the hospital after fifteen minutes, he found that car bearing No. PB-18D-3330 had been stolen. He made a search but could not find any trace of the car. Thereafter, he lodged the report bearing No. 39 dated 27.2.2001 with Police Station, Civil Lines, Amritsar on the basis of which case under Sections 379 I.P.C. was registered. In this report he had not mentioned that he had hired the car. Rather, he stated that his car had been stolen.

3. During the investigation of the case, Gurvinder Singh, respondent No. 2, lodged report be