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2013 Supreme(P&H) 121

RANJIT SINGH
Prince Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. Kuldeep V. Singh Ahluwalia, Advocate.
For the State: Mr. Deepak Balyan, Addl.A.G., Punjab.
For the Respondent No.2:Mr. R. K. Bansal, Advocate.

JUDGMENT

Mr. Ranjit Singh, J.: - The petitioner prays for quashing of FIR No.86, dated 25.3.2011, registered under Sections 406, 420 IPC at Police Station Zirakpur, District S.A.S. Nagar, Mohali (Annexure P-1), against him.

2. The ground advanced to seek quashing of this FIR is that for the same very allegations, the petitioner has been convicted for an offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the Act”) and sentenced of RI for one year has been imposed by Judicial Magistrate Ist Class, Ludhiana, on 17.1.2011. It is further pointed out that suit for recovery is pending before the Court of Additional Civil Judge (Senior Division), Dera Bassi, for the same allegations.

3. The impugned FIR has been registered by respondent No.2 against the petitioner. It is alleged that respondent No.2 has misled the police authorities while lodging this FIR. It is based on an agreement to sell dated 25.3.2006. The petitioner pleads that this agreement was fabricated by respondent No.2. As per the petitioner, he neither executed any agreement nor issued any cheque. On the same very allegations, respondent No.2 had filed a complaint No.508, dated 15.11.2007 under Se















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