VARSHA BADAMI Vs. STATE

JUDGEMENT

(1.) Respondent No.2 lodged the FIR alleging that accused No.1 has borrowed money in all a sum of Rs.13,50,000.00 to meet out the family expenses promising to return the said amount. The accused No.1 issued a cheque, but when the cheque was presented for realization, it was returned for want of funds. It is further alleged that the accused herein who are children of accused No.1 are also beneficiaries of the amount received by accused No.1. The police registered FIR for the offence punishable under Sec. 420 r/w Sec. 34 of IPC.

(2.) Learned counsel for the petitioners submits that the allegation of receiving money and also not returning the said money is against accused No.1, and in the absence of any essential element so as to constitute the offence alleged against accused Nos.2 to 4, registration of FIR is impermissible.

(3.) Learned HCGP for the State submits that the allegation made in the FIR discloses the commission of cognizable offences against the accused herein and the veracity of the allegation requires to be investigated, and at this stage, the registration of the FIR does not warrant any interference.