(1.) This petition under Sec. 528 of the BNSS, 2023 is filed for quashing the FIR registered at Crime No. 151 /2024 at P.S. Khilchipur, District - Rajgarh for offence punishable under Ss. 420 and 406 of IPC alongwith subsequent proceedings.
(2.) The exposition of facts, in brief, giving rise to the present petition is as under:
(3.) Learned counsel for the petitioners, in addition to the grounds mentioned in the petition, submitted that the alleged offence is not committed by the petitioners. The dispute between the parties is predominantly civil in nature, which is given color of criminal prosecution to pressurize the petitioners. Learned counsel further contended that the dispute relates to commercial transactions of sale of goods, therefore, the offence punishable under Sec. 420 and 406 of the IPC is not made out against the petitioners. The continuation of investigation would cause serious prejudice to the petitioners., learned counsel for the petitioners relied upon the order dtd. 16/5/2025 passed in MCRC no. 35544 of 2019 [Sushree Shehal and Others Vs. State of Madhya Pradesh and Others] and the order dtd. 5/5/2025 passed in MCRC no. 19202 of 2024 [Gauri Rahul Takalkar and Others Vs. Rahul Dilip Takalkar] to butress his contentions.