IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 30.10.2025 Pankaj Arora ...Petitioner Versus State of Haryana and another ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. L. M. Gulati, Advocate for the petitioner.

Mr. Neeraj Poswal, AAG, Haryana.

Mr. S. K. Kaushik, Advocate for respondent No. 2/complainant.

MANISHA BATRA, J. (Oral)

1. Prayer in this petition, filed under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), is for quashing of FIR No. 251 dated 30.03.2016, registered under Sections 406, 420, 467, 468, 471 and 120-B of IPC at Police Station Sadar Hisar, District Hisar along with all the subsequent proceedings having emanated therefrom.

2. Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on the basis of a complaint submitted by complainant Surender Singh, who was running a firm under the name of M/s Goodwill Tea and Industries, dealing in the business of packaging of tea leaves, alleging that the present petitioner Pankaj Arora along with co-accused Madan Gopal had approached him and had projected that they were having sufficient experience as salesmen and further that they knew some companies in the State of Punjab and could start business with him. They convinced the complainant to appoint them as salesmen in his firm. He further alleged that on 06.09.2014, the petitioner and co-accused Madan Gopal had introduced him with one Gulzari Lal by saying that he was proprietor of M/s GL & Sons, Amritsar and his firm could be made as super stockiest of the firm of the complainant. The complainant agreed to the same. A written agreement was executed between the complainant and the above said Gulzari Lal, whose firm was appointed as super stockiest. The said firm deposited an amount of Rs.2 Lakhs as security charges. The firm of the complainant had also transferred an amount of Rs.58,760/- as commission, freight charges and rent of godown. The goods of the firm of the complainant worth Rs. 19,39,966/- were sent to the firm of Gulzari Lal. However, at the time of payment, it was revealed to the complainant that the invoices were issued in the name of one firm namely Shivraj Agency and on enquiry, it was revealed that no such firm existed. The petitioner along with the co-accused Madan Gopal and Gulzari Lal had intentionally and dishonestly forged the bills showing dispatch/distribution of goods of the complainant in the name of the above said Shivraj Agency and sent those bills just to receive the money, thereby causing wrongful loss of huge amount of money to the complainant and cheating him. The petitioner along with the co-accused Madan Gopal had also criminally misappropriated an amount of Rs. 10 Lakhs, received from the complainant and therefore, the complainant prayed for taking action in the matter. After registration of the FIR, investigation proceedings were initiated. The petitioner secured benefit of anticipatory bail/regular bail. Investigation now stands completed and challan has been presented before the Court concerned.

3. It is argued by learned counsel for the petitioner that respondent No. 2/complainant wanted to promote sale of tea leaves and had approached the petitioner to be a super stockiest for the State of Punjab. He had been appointed as Area Sales Manager. An appointment letter was issued in his favour. He was to assist the super stockiest M/s G L & Sons, appointed by the firm of respondent No.2. He had worked with the firm of the complainant from September, 2014 to June, 2015. He was not paid his salary, which was fixed @ Rs. 20,000/- per month and was forced to resign on 30.06.2015. The ingredients for commission of subject offences have not been attracted against him at all. M/s Shivraj Agency is very much in existence and it has been wrongly alleged that it was non-existent. There is no prima facie involvement of the petitioner in commissi