Order 6

Order Details: COPY OF ORDER
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Ct. Cases 7986/23
H P MAURYA VS. RADHEY SHAYAM SHARMA
29.04.2024
Present: Ld. Counsel for the complainant.
Arguments stand concluded.
Order
1. The present application has been filed by the complainant
under section 156(3) of CrPC praying for registration of an FIR.
Briefly stated the factual details are as follows:
a. The proposed accused no. 1 approached the complainant for
repaying his loan/debt of Rs. 7.90 lakhs stating that lenders
had extended life threats to him and being known to him,
complainant gave him the said amount. It is averred that
proposed accused no. 1 assured complainant to return the
said amount in monthly installment of Rs. 19750/- on 30th
day of every month for 40 months and in case, proposed
acucsed no. 1 failed to retrun the said amount, then the
complainant can recover the same by taking possession of
his agricultural land, situated at village Pendara, Distt.
Amethi, U.P. and an agreement also got executed to this
effect between the complainant and proposed accused no. 1.
b. It is averred that proposed accused no. 1 paid only Rs.
1,18,500/- in 06 installments and thereafter, he ran away and
avoiding the payment on one or other pretext. It is further
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averred that when complainant visited the native village of
proposed accused no. 1, both accused no. 1 and 2 started
abusing and manhandled with the complainant and also
extended threats to him. It is further averred that a settlement
was arrived before Village Panchayat wherein, accused no. 2
in place of accused no. 1, issued four cheques bearing no.
166261, 166262, 166263 & 166264 in favour complainant.
However, all the cheques were dishnoured on their
presentation.
c. It is further averred that when complainant apprised the
accused persons about the dishonour of cheques, they
ignored him and avoiding him by giving false assurances and
also extended life threats to complainant.
d. It is further stated that despite making several complaints to
SHO and DCP concerned, no action has been taken by them.
Hence, the present application has been filed by the
complainant.
2. Status report was called in the matter from which was filed by
concerned DCP. It is reported that the dispute is civil in nature and
no cognizable offence is made out.
3. Sh. Singh, Ld. Counsel for complainant has vehemently
asserted that the allegations prima facie discloses commission of
cognizable offences and urged for registration of FIR against the
accused. During the course of arguments Ld Counsel for the
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complainant has also submitted that the complainant failed to file
complaint under section 138 of The Negotiable Instruments Act, 1881
and therefore he has no other remedy left than pursuing the present
complaint. It was also submitted that the complainant has obtained a
civil decree against accused no. 2 vide order dated 16.12.2023 in CS
DJ 415/23 titled HP Maurya v Shyam Sharma, however, the accused
persons have disposed of their properties and therefore the
complainant has not reaped the fruits of the decree.
4. I have heard the submissions of the Ld. Counsel for the
Complainant and perused the material on record including the status
report. The gravamen of the allegations relates to payment of money
owned by proposed accused persons from the complainant. The
dispute prima facie is civil in nature and no cognizable offence is
made out. Thus, the present application u/s. 156(3) Cr.P.C. stands
dismissed. The complainant is however provided an opportunity for
leading pre-summoning evidence. Needless to say, if there is a need
that arises, later on, qua any disputed facts, the provision under S. 202
CrPC may be resorted to. Matter be listed for pre-summoning
evidence on 14.08.2024.
(APOORV BHARDWAJ)
MM-02, NORTH WEST DISTRICT
ROHINI COURTS DELHI/29.04.2024
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