Delhi District Court
Pradeep Kumar Chugh vs Harjinder Pal Singh on 13 April, 2012
IN THE COURT OF SH. SANJAY JINDAL
JSCCcumASCJcumGJ (NW) : DISTRICT COURTS
ROHINI : DELHI
Unique ID No. : 02404R1012222003
CC No. : 1677/10/03
Pradeep Kumar Chugh ..................... Applicant
versus
Harjinder Pal Singh ..................... Respondent
O R D E R
13.04.2012 1 By way of this order, I will dispose of the application filed by the applicant Pradeep Kumar Chugh U/s 340 Cr.P.C. 2 The case of the applicant is that the applicant was running a sole proprietorship concern in the name of M/s System Projects and Engineers; that the applicant came in contact with the respondent and entered into a partnership firm with effect from 05.07.2001 and subsequently he came to know that the respondent was a 'Bad Character' declared by the Delhi Police as he was involved in various offences. That during the course of business, the respondent started manipulating the transactions without informing the applicant and CC No. 1677/10/03 Harjinder Pal Singh Vs. PK Chugh (340 CrPC) 1/4 utilized the amounts received in the name of the firm for his own benefit. It is further alleged that on 28.04.2002, the applicant reached to the respondent for demanding the money but the respondent started beating the applicant and threatened him of dire consequences and subsequently a written complaints were made against the respondent to the various authorities but no action has been taken against the respondent. The respondent filed two complaints U/s 138 NI Act against the applicant vide CC No. 1676/10/02 and No. 1678/10/02. It is alleged that the respondent has committed offences U/s 340 Cr.P.C. Hence, this application.
3 The application has been opposed on behalf of the respondent and detailed reply has been filed in which several preliminary objections have been raised and the contents of the application have been denied on its merits.
4 I have heard counsel for the parties and perused the record including the original records of CC No. 1676/10/02 and No. 1678/10/02.
5 On careful perusal of the record, it reveals that the present application has been filed u/s 340 Cr.P.C by the applicant against the respondent in respect of two complaint cases U/s 138 of the CC No. 1677/10/03 Harjinder Pal Singh Vs. PK Chugh (340 CrPC) 2/4 Negotiable Instruments Act ( the NI Act) vide CC No. 1676/10/02 and No. 1678/10/02.
6 Section 340 Cr.P.C deals with with procedure to be adopted by the Court in respect of complaints filed u/s 195 Cr.P.C. As per section 195 Cr.P.C, cognizance in respect of offences U/s 193, 196, 199, 200, 205, 211 and 228 when such offences are alleged to have been committed in, or in relation to, any proceeding in any Court, and offences u/s 463, 471, 475 and 476 IPC, when such offences are alleged to have been committed in respect of document produced or given in evidence in a proceeding in any Court, can be taken only on the complaint in writing of that Court by such officer of the Court as that Court may authorize in writing in this behalf or of such other Court to which that Court is subordinate.
7 In the present application, it is alleged that the complaint has obtained blank cheques and blank papers from the applicant in forceful manner and used the said cheque in a fraudulent manner having knowledge that the concerned account has already been closed by the applicant. If the evidence led by the parties in both the cases U/s 138 NI Act vide CC No. 1676/10/02 and 1678/10/02 is perused, it CC No. 1677/10/03 Harjinder Pal Singh Vs. PK Chugh (340 CrPC) 3/4 reveals that the ingredients of any of the offences as mentioned under Section 195 Cr.P.C have not been established. Although, it has been observed by this Court while deciding the above mentioned two complaint cases that the complainant was having knowledge about the closure of the bank account at the time of presentation of the cheques but the material available on record is not sufficient to show that the ingredients of any of the offences as mentioned in Section 195 Cr.P.C have been established. The applicant has been able to raise genuine doubts about the cases of the complainant/ respondent in the cases U/s 138 NI Act but it cannot be said that there is sufficient material available on record to proceed against the respondent U/s 340 Cr.P.C.
With these observations, the application U/s 340 Cr.P.C is dismissed.
The file be consigned to the Record Room.
Announced in the open Court Today on 13.04.2012 (SANJAY JINDAL) JSCC/ASCJ(NW) : ROHINI DELHI.
CC No. 1677/10/03 Harjinder Pal Singh Vs. PK Chugh (340 CrPC) 4/4 CC No. : 1677/10/03 13.04.2012 at 2:00 pm Present: Applicant with counsel.
Respondent in person.
Clarifications made.
Vide separate order of the even date, the application U/s 340 Cr.P.C has been dismissed.
The file be consigned to the Record Room.
(SANJAY JINDAL) JSCC/ASCJ/MM (NW): ROHINI :DELHI 13.04.2012 CC No. 1677/10/03 Harjinder Pal Singh Vs. PK Chugh (340 CrPC) 5/4 CC No. 1677/10/03 Harjinder Pal Singh Vs. PK Chugh (340 CrPC) 6/4