Pushpendra Singh Bhati, J. - The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C., 1973 seeking quashing of FIR No.181/2018 registered at Police Station Sadar Bhilwara, District Bhilwara for the offence under Sections 420, 406 and 384 of IPC.
2. Complaint was lodged by respondent no.2 - Village Development Officer, G.P. Danthal alleging that the petitioner was supposed to perform certain works of installation of LED lights in 7 villages. A cheque no.000101 of Bank of Baroda to the tune of Rs. 4,53,700/-issued on 4.10.2017 was given as a security by Village Development Officer and it was agreed that as soon as the consolidated bill is passed, the cheque shall be returned. The complainant alleged that the petitioner failed to perform the work and moved an application for stop payment of cheque.
3. Learned counsel for the petitioner submits that he had filed proceedings under section 138 of the Negotiable Instruments Act and the present FIR is a counterblast. The petitioner seeks to move a representation before the I.O. bringing all the facts to his notice.
4. Learned Public Prosecutor assures this Court that if the petitioner submits a representation alongwith all the necessary documents before the concerned investigating authority within a period of fifteen days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation.
5. In light of the aforesaid assurance given by learned Public Prosecutor, the present misc. petition is disposed of with a direction to the concerned investigating authority that in case the petitioner submits a representation alongwith all the necessary documents before it within a period of fifteen days from today, then the same shall be considered and decided before completing the investigation, strictly in accordance with law and as per the assurance given by the learned Public Prosecutor. However, if during the investigation, the concerned investigating authority needs to arrest the petitioner, then the petitioner shall be given 15 days notice before making such arrest. The petitioner shall be at liberty to approach this Court again, in case need arises. However, it is made clear that the petitioner shall be required to join and completely co-operate with the investigation.
Comments