Complainant had lodged F.I.R. against the petitioner company for issuing him cheque worth Rs.10 million, which was dishonoured by the Bank—Counsel for the petitioner had submitted that petitioner did not issue any cheque to the complainant, rather it had lodged F.I.R. under Ss.420/468/471, P.P.C. regarding the loss of cheque book from which cheque in question was issued—Cheque in question was neither signed by any of the director s of the petitioner company nor it was issued to the complainant for the fulfilment of any liability—In order to constitute an offence under S.489-F, P.P.C. all necessary ingredients mentioned in the language of said section were to be fulfiled—Petitioner had neither issued cheque for the purposes of fulfilment of any outstanding liability nor was it dishonoured on presentation for want of insufficient fund—When the basic ingredients as mentioned in the language of S.489-F, P.P.C. were not fulfilled as per the facts and circumstances of the- case, offence under said section was not made out against the petitioner which had already lodged F.I.R. for the loss of the cheque book and had also made written request to the Chief Manager of the Bank for stopping payment on the presentation of stolen cheque book—No mala fide intention of the petitioner was established, whereas the petitioner had taken precautionary measures by lodging F.I.R. regarding the loss of cheque book—When no criminal case was made out against accused, then F.I.R. could sufficiently be quashed—Since none of the necessary ingredients constituting an offence under S.489-F, P.P.C. were made out against the petitioner company, all the offences under which the petitioner was liable to be tried were not made out against the petitioner—Case against the petitioner under S.489-F, P.P.C. or other relevant provisions of law in the F.I.R., having not been made out, F.I.R. registered against the petitioner was quashed which was registered against the petitioner with mala fide intentions.
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