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Judgment
Dharam Veer, J.—This writ petition has been filed seeking a writ in the nature of certiorari for quashing the FIR dated 23.7.2010 lodged by respondent No. 3 at PS Kankhal, District Haridwar as Case Crime No. 129/2010, u/s 420, 406, 120B, 452, 504 & 506 IPC.
Heard learned Counsel for the parties and perused the record.
In brief, the prosecution case is that respondent No. 3 Sudhir Kumar Gupta moved an application u/s 156(3) Cr.P.C. before the Judicial Magistrate, Haridwar for registering a criminal case against the petitioners alleging that he gave rupees twenty lakhs to the petitioners through several cheques issued on different dates on sale purchase of the property i.e. rupees five lakhs vide cheque No. 784986 dated 7.4.2007, rupees five lakhs vide cheque No. 784987 dated 9.4.2007, rupees three lakhs vide cheque No. 951254 dated 13.6.2007, rupees four lakhs vide cheque No. 951253 dated 13.6.2007 and rupees three lakhs vide cheque No. 951255 dated 15.6.2007. But the petitioners after receiving the money neither got executed the agreement or sale deed of any property in favour of the respondent No. 3 nor returned the aforesaid amount to him. On 28.5.2010, he complainant sent legal notice through his Advocate but the aforesaid money was not returned to him. On 13.6.2010 at 5 pm, when the complainant was sitting in his office, petitioner No. 2 Rajesh Kumar Gupta came there along with his two associates and misbehaved with the complainant and also abused him and further said that he intentionally cheated him and threatened to kill the complainant if he shall file any report of the incident. The learned Magistrate after calling the report from the concerned police station directed the police to lodge the FIR and the same was lodged on 23.7.2010 with PS Kankhal.
Having heard the submissions of learned Counsel for the parties; the perusal of the contents of FIR and other papers available on record and the facts and circumstances of the case indicate that a prima facie case u/s 420, 406, 120B, 452, 504 & 506 IPC is made out against the petitioners. Therefore, no interference is required by this Court at this stage.
In the result, the writ petition being devoid of merit is dismissed in limine.