IN THE COURT OF SH SUKHWINDER SINGH, JMIC, PATIALA.

Naresh Duggal aged about 50 years S/o Sukhdev Singh Duggal R/o 40-E, Partap
Nagar, Patiala
.Applicant
Versus
Deepak Gupta S/o Pawan Kumar Gupta R/o #15-C, Century Enclave, Patiala
.Respondent
Application U/s 156(3) of Cr.P.C. for issuing the direction to the police official to
take legal action and registering the FIR against the respondent u/s 420, 406 & 506
IPC who have committed the serious offences and caused loss to the applicant.
P.S Civil Line, Patiala

Sir,
It is submitted as under:-
1. That the applicant is law abiding citizen of India.
2. That the brief facts of the case are that the in mutual understanding
accused borrow Rs.10, 00,000/- (Ten Lac only) from complainant
on dated 18/12/2014. Moreover the accused was known to the
applicant as the shop of the respondent nearby the house of the in
laws of the applicant. Due to that the relations of the applicant with
the respondent were made and having faith each upon. Applicant a
number of times requested to the respondent to return the amount
of Rs.10 lac than and in discharge of liability/debts, accused issued
two cheques bearing No. 791907 & 791905 of Rs.5,00000/- dated
10/08/2015 each drawn on State Bank of Patiala, Patiala in favor of
complainant from A/c No. 65019053142 and accused assured
complainant that the said cheque would be encashed as and when
presented by complainant that as and when the cheque would be
presented for encashement there would be sufficient funds in his account.
3. That complainant presented the cheque no. 791905 & 791907 with
his banker for encashment/ clearance and the same was sent to
accused banker, but the said cheques were returned uncashed to
complainant with a latest memos dated 12/08/2015 indicating,
Account Closed of the person issuing the said cheque and as
such the said cheque was return uncashed to complainant.
4. That complainant was astonished on receiving the dishonored cheque and
he approached accused and told accused about the dishonor of cheque
 and requested accused to make the payment of cheque amount, but
accused flatly refused for the same.
5. That you issued the cheque with malafide intention and knowingly that
accused already have closed his account at the time of issuance and
presentation of the said cheque and due to this reason, the aforesaid
cheque was not honoured, accused cheated the applicant intentionally
giving the cheque from the account which has been he closed and he is
having the intention to cheat and misappropriate the amount of applicant.
6. That the accused issued the cheque with the malafide intention and
knowingly that his account was closed and as such the accused
have played a fraud with the complainant, which falls within the
four corners of Section 138 of Negotiable Instrument Act read with
Section 420,406,506 IPC.
7. That the one application was moved by the applicant which is having
number 2988/op of 23.09.2015 which was marked to EO wing Patiala by
the S.S.P Patiala. Which was further moved to get the opinion of DA
(Legal) whereas the DA legal did not give the opinion for the registration
of the case.
8. That the police has not registering the FIR against the above referred
accused due to their undue influence and social contacts.
9. That after that the accused persons giving threats to the Naresh Duggal to
remain silent otherwise the accused persons will not spare them.
10. That it is clear from the above said enquiries that it is a clear cut case of
under section 406, 420,506 IPC made out against the respondent.
11. That when the matter was put before the D.A.(Legal), he intentionally
had given wrong opinion and on the basis of the report of D.A.(Legal) the
police did not register the FIR against the respondent, whereas as per the
record and enquiry it is clear cut case of cheating and misappropriation of
the amount.
12. That the petitioner was harassed by the respondent. He was cheated by
the respondent. It is very difficult for his to attend the proceeding on each
and every date.
13. That as per the complaint and enquiry conducted by the police,
cognizable offences are made against the respondent. It is the duty the
police to register an FIR against the respondent.
14. That the respondent is very influential persons. They managed everything
and police is unable to register the FIR against them.
 15. That the police authorities are not taking any legal action against the
respondent, the petitioner is compelled to file the present petition in this
Honble Court for redressal of her grievance. The offences are cognizable
and non-bailable. The police are duty bond to register an FIR and
investigate the matter as per law.
16. That the petitioner has no other efficacious and speedy remedy except to
approach this Honble Court by way of filing the present petition.
17. That the accused is reside in the jurisdiction of the P.S Civil Line, Patiala
within the jurisdiction of this Honble Court, Patiala
It is therefore prayed that the present petition may kindly be allowed and
direction be given to the SHO, Civil Line, Patiala for registering the FIR u/s
420,406,506 IPC against the respondent who have committed the serious offences
and caused loss to the applicant in the interest of justice.
Any other order or direction which this Honble Court may deem fit and
proper in the facts and circumstances of the case may kindly be issued in favour of
the applicant in the interest of justice.

Submitted by
Dated:-
Naresh Duggal
.Applicant
Through Counsel

Arun Bansal
Advocate, Patiala
P/2178/09