Jitendra Singh S/O Shri Ramsingh vs State Of Rajasthan
2022 Latest Caselaw 3177 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 1262/2020

Jitendra Singh S/o Shri Ramsingh, Resident Of L.i.c. Colony,
Vaishali Nagar, Ajmer
                                                                      ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Pp
2.       Kishnaram S/o Shri Narayanlal, Resident Of Village
         Jhalara, Tehsil Parbatsar, District Ajmer.
                                                                  ----Respondents

For Petitioner(s)          :     Mr. S. Gaharana, Adv.
For Respondent(s)          :     Mr. Fateh Ram Meena, PP
For Complainant(s)         :     Mr. Jaggu Ram Bijarnia, Adv.


       HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
                           Order

ORDER RESERVED ON                         ::                       13/04/2022

ORDER PRONOUNCED ON                       ::                        20/04/2022

The instant criminal misc. petition has been preferred by the

accused petitioner praying to quash FIR No.183/2017 registered at

Police Station Christianganj, Ajmer for the offence under Sections

420, 406, 467, 468 and 471 IPC.

Learned counsel for the petitioner submits that the present

FIR lodged by the complainant is false & frivolous. Complainant

has filed the present FIR by efflux of long a long time, i.e. delay of

two years. Offence mentioned in the FIR is baseless and without

proof of truth. Learned counsel for the petitioner further submits

that the petitioner filed many criminal cases against the

complainant under Negotiable Instruments Act. Learned counsel

for the petitioner also submits that legal notice was given to the

complainant, so, complainant had to lodge the present FIR as a

counter-blast. Learned counsel for the petitioner further submits

(2 of 3) [CRLMP-1262/2020]

that cognizance was also taken on 28.08.2017 against the

complainant for the offence under Section 138 of Negotiable

Instruments Act. Learned counsel for the petitioner also submits

that a bare reading of the FIR, no offence against the petitioner is

made out. Learned counsel for the petitioner further submits that

the complainant developed many stories but he did not provide

any proof regarding payments made by him. Learned counsel for

the petitioner also submits that if the impugned FIR is allowed to

continue against the petitioner, then the same will amount to

abuse of process of law. So, present FIR filed by the complainant

be quashed.

Learned counsel for the petitioner has placed reliance upon

the judgment of Apex Court passed in Sanjeet Kumar Vs. State

Of Bihar; Criminal Appeal No.852/2009, decided on

27.04.2009 and judgments passed by the Principal Seat at

Jodhpur in Ajeet Pal Singh Ranawat Vs. State Of Rajasthan;

S. B. Criminal Miscellaneous(Pet.) No.3008/2018, decided

on 27.02.2019 and Kiran Bhai Kapadiya Vs. State Of

Rajasthan; S. B. Criminal Miscellaneous (Petition)

No.726/2016 decided on 01.11.2017.

Learned counsel for the complainant as well as learned Public

Prosecutor have opposed the arguments advanced by learned

counsel for the petitioner and submitted that after investigation,

Investigating Officer had found proved the offence under Sections

420, 406, 467, 468 and 471 IPC against the petitioner. They

further submitted that the petitioner had taken Rs.5,60,000/- on

various occasions from the complainant and he had taken two

cheques duly signed and same cheques were used in complaint

(3 of 3) [CRLMP-1262/2020]

filed by the petitioner under Section 138 of Negotiable

Instruments Act. So, petition filed by the petitioner be dismissed.

I have considered the arguments advanced by learned

counsel for the petitioner as well as learned Public Prosecutor and

learned counsel for the complainant-respondent.

It is an admitted position that a complaint was made for the

offence under Section 138 of Negotiable Instruments Act by the

petitioner against the complainant and cognizance was also taken

against him. It is also admitted position that the present FIR was

lodged after a delay of two years. Complainant-Respondent in its

complaint stated that the petitioner had taken Rs.5,60,000/- on

various occasions but complainant had not submitted any proof

with regard to the payments. Notice was given to the complainant

before filing the complaint under Section 138 of Negotiable

Instruments Act but complainant had not replied to the said

notice. Thus, the complainant has lodged the present FIR as a

counter-blast of the proceedings pending against him under

Section 138 of Negotiable Instruments Act. So, in my considered

opinion, while allowing the proceedings in the present FIR, it

would amount to abuse of process of law. So, looking to the facts

and circumstances of the case, I deem it proper to allow the

criminal miscellaneous petition filed by the petitioner.

Accordingly, the criminal miscellaneous petition is allowed.

The FIR No.183/2017 registered at Police Station Christianganj,

Ajmer for the offence under Sections 420, 406, 467, 468 and 471

IPC and criminal proceedings pursuant thereto, are quashed.

Stay application also stands disposed of.

(NARENDRA SINGH DHADDHA),J

Gourav/101

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