IMPORTANT POINT
Dishonest intention must be established from the inception of a transaction to constitute cheating under IPC, and mere allegations without evidence do not warrant quashing of FIR.

JUDGMENT :

DEEPAK GUPTA, J.

By way of this petition filed under Section 482 Cr.P.C., petitioner prays to quash FIR No.1 dated 14.02.2022 registered at Police Station NRI, District Hoshiarpur under Sections 420, 120-B of the IPC (Annexure P-1) besides order dated 10.07.2023 (Annexure P-3) passed by learned Judicial Magistrate 1st Class, Hoshiarpur, whereby charges have been framed against the petitioner in the aforesaid FIR.

2. Perusal of the paper-book would reveal that a complaint dated 17.09.2021 was made by respondent No.2- complainant against Vinod Kumar Chhibar son of Sunil Dutt and his companions, in which it was alleged that in 2018, he had applied for his family tourist VISA for Canada but due to certain reasons, the same was rejected. He then talked to Vinod Kumar Chhibar, practicing as RMP Doctor at Khatkar Kalan, District S.B.S. Nagar, for going to Canada. He assured the complainant to do the needful and introduced him to his cousin Vijay Kumar (petitioner) and his father. In June 2018, he applied online for family tourist VISA and Vijay Kumar took Rs.1,20,000/- from him. Complainant also deposited Rs.30,000/- in IDBI bank account of Ginni Sharma wife of Vinod Kumar Chhibar. Complainant deposited another amount of Rs.30,000/- in bank account of one Avtar Dass. After sometime, complainant was informed by the accused that VISA was refused. He was again asked to apply for VISA and deal was done for an amount of Rs.8,00,000/-. Complainant was told that his VISA would be received by getting a letter from some M.P. of Canada. Complainant paid rest Rs.2,00,000/- in cash to Vijay Kumar (petitioner) and his father and spent another amount of Rs.80,000/- for getting a ticket for mother of Vinod Kumar Chhibar. In February, 2019, they applied for VISA only for the complainant, which was received in March, 2019 and for which complainant paid Rs.4,00,000/- to the mother of Vinod Kumar Chhibar. Another amount of Rs.1,20,000/- demanded by the accused was paid. In April, 2019 complainant went to Canada and then tourist VISA for his family was applied. An amount of Rs.80,000/- in cash was taken by the accused but the VISA was refused. While in Canada, accused assured that they would apply work permit for him and that he would become permanent resident of Canada. In May, complainant came back from Canada and applied for tourist VISA of his son and wife but the same was refused. Vinod Kumar Chhibar told the complainant to come to Canada, where he had traced the truck company for getting work permit and deal was settled for Rs. 35,00,000/-, for which Vinod Kumar Chhibar demanded 5000 dollars i.e., Rs.2,65,000/-. Said amount was paid by the complainant to Lucky in Khatkar Kalan on the asking of the accused. Complainant then went to Canada on tourist VISA. Vinod Kumar Chhibar and his wife took his passport and after 10 days, started demanding remaining amount. They returned the passport of the complainant after receiving Rs.6,00,000/-. Complainant then returned to India and demanded his money back. An amount of Rs.2,00,000/- was paid by petitioner to complainant through Western Union by Vinod Kumar Chhibar but the remaining amount was not paid and this way Vinod Kumar Chhibar and his wife, petitioner Vijay Kumar and his father, Urmila mother of Vijay Kumar Chhibar had cheated the complainant for an amount of Rs.15,95,000/-.

3. As initially no action was taken on the aforesaid complaint, complainant- respondent No.2 filed CRM-M-49793-2021, which was disposed of by this court on 29.11.2021 directing the police authorities to decide the representation of respondent No.2. Pursuant to the aforesaid order, necessary enquiry was conducted by DSP, NRI Wing, who recommended registration of the case under Sections 420, 120-B of the IPC against petitioner Vijay Kumar and Vinod Kumar Chhibar. Legal opinion was also obtained. Fraud to the tune of Rs.17,87,376/- was found to have been committed with the complainant.

4. FIR was registered. Necessary investig