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2025 Supreme(Online)(P&H) 18970

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESH SHARMA – Appellant
Versus
STATE OF HARYANA AND ANOTHER – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-60310-2025 (O&M) Date of decision: 30.10.2025.

SURESH SHARMA ...Petitioner(s)

VERSUS STATE OF HARYANA AND ANOTHER ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Naveen Chopra, Advocate, and Mr. G.S. Ghuman, Advocate, for the petitioner.

Dr. (Ms.) Malvika Singh, DAG, Haryana.

VINOD S. BHARDWAJ, J. (Oral)

Seeking quashing of FIR No.532 dated 26.08.2025, under Section(s) 120-B, 406 and 420 of the Indian Penal Code, 1860, registered at Police Station Sectors 32-33, Karnal, District Karnal, Haryana, the instant petition has been filed.

2 Learned counsel for the petitioner contends that the respondent No.2-complainant got the FIR registered by levelling the following allegations: -

“The Superintendent of Police, Karnal Subject: Application against:- 1. Suresh Sharma of Late Shri Satyanarayan Sharma, resident of 6th Floor, Assam Ispat Complex, NS Road, Fatashii Under Pharalumukh, P.O. P.S. Guwahati 781009. 2. Abhishek Awala son of Shri Suresh Kumar Veeraha, resident of House No. 17/1391-T-268, Saraswati Nagar Colony, Saidabad, Hyderabad, Telangana, for cheating of Rs. 61 lakh by obtaining agency of Pan Masala and for giving threat to kill on demanding the said money. It is respectfully submitted that I, Amit Goyal son of Late Shri Surender Goyal, resident of Karnal, am a person having faith in law. 1. That I am a permanent resident of the above-mentioned address. 2. That I am doing wholesale business of Pan Masala, Bidi, Cigarette, etc. under the name of M/s Goel Brothers situated in Purani Gud Mandi, Karnal, having agency/franchise thereof, and our business has been running in Purani Gud Mandi since the year 1991. The above-named accused Suresh Kumar came to my shop in Gud Mandi in the month of March 2019 and told me that he is a resident of Guwahati and, like me, is a wholesale dealer of Pan Masala and other items, and that he, i.e., accused No. 1 Suresh Sharma, also has a company in the name of Satyam Ispat, and in September 2018, he had entered into an agreement with accused No. 2, Shri Abhishek Awala, with the brand named "7 Hills Manikchand Pan Masala", and that for the purpose of manufacturing and marketing of the said brand in India, for the areas of Assam, Manipur, Nagaland, Meghalaya, Mizoram, Arunachal Pradesh, Tripura, Sikkim, Bihar, Jharkhand, Gujarat, Madhya Pradesh, Rajasthan, and Odisha, an agreement had been executed between them; and very soon, he would also execute an agreement for the manufacturing and marketing of7 Hills Manikchand Pan Masala in the State of Haryana. He further told me that for handling the business of North India, he required an honest and sincere person, and that through me he would carry out all the business operations of North India. He assured me that initially, I would be granted franchise/super distributorship of the adjoining area of Rajasthan along with Haryana, and subsequently, I would be given the franchise/super distributorship of 7 Hills Manikchand Pan Masala for the entire North India.

On his assurance, I discussed the matter with him, and he told me that first I should visit Guwahati once and see his work there. Believing his words, I went to Guwahati by flight on 26th April 2019, and there, on the mobile number 08811039162provided by the accused, I met one Gopal Ji, who took me to the office of accused No. 1 Suresh Kumar at Satyam Ispat Co., where I had a discussion with the said accused No. 1. He showed me an agreement deed executed between Abhishek Awala and accused Suresh, and he also gave me a copy of the same, which is annexed herewith. There, the accused told me that in order to start the work, I would have to pay an amount of Rs. 11,00,000/- (Rupees Eleven Lakh only) to him first. Accordingly, after returning, on 30.04.2019, as per the instruction of accused No. 1, I transferred an amount of Rs. 11,00,000/-from my account to his account through RTGS, the copy of which is enclosed herewith. Af

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