SHAHJADE AHMAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Petition has been filed under Sec. 482 of Cr.P.C. for quashing of criminal proceedings in Criminal Case No. 14156/2015 passed by the JMFC, Raipur.

(2.) Case of the prosecution is that Respondent No.2 lodged FIR against the Petitioner alleging that he has taken loan of Rs.10.00 lacs from the Petitioner and also repaid an amount of Rs.27,30,000.00 but even thereafter, the Petitioner has been continuously harassing and blackmailing him by not returning the cheque given to him. It has been further alleged that the Petitioner has given loan to several other members without having any license of money lending and therefore, offence under Sec. 384 IPC and Sec. 4 of Chhattisgarh Protection of Debtors Act, 1937 has been registered at PS. Modhapara vide FIR No.106/2015 against him and after completion of investigation, charge sheet has been filed.

(3.) Shri Thakur, learned Counsel for the Petitioner submits that Complainant had lodged the FIR with an ulterior motive as the Petitioner has filed a complaint case for dishonour of cheque under Sec. 138 of the Negotiable Instruments Act in the year 2013 against the Complainant and FIR has been registered on 6/7/2015, therefore, continuation of criminal proceedings amounts to abuse of process of law and prays to quash the impugned FIR, which was lodged belatedly and the subsequent criminal proceedings thereof.