BHASKAR GHOSH Vs. A.S.BHALLA

JUDGEMENT

(1.) Inherent powers of this Court u/S. 482 Cr.P.C. are invoked seeking quashment of the FIR dated 28/1/2016 bearing Crime No. 54/16 registered at Police Station Inderganj District Gwalior (M.P.) alleging an offence punishable u/S 420 IPC, vide P/1.

(2.) Learned counsel for petitioner by relying upon decisions of Apex Court in Hari Prasad Chamaria Vs. Bishun Kumar Surekha & others (AIR 1974 SC 301), Ajay Mitra Vs. State of M.P. (2003) 3 SCC 11 Inder Mohan Goswami & another Vs. State of Uttaranchal & others (2007) 12 SCC 1 and Dalip Kaur & others Vs. Jagnar Singh & others (2009) 14 SCC 696 raised solitary ground in support of the challenge that the allegations contained in the FIR clearly reveal absence of the element of deceit which is one of the essential ingredients of cheating which should be palpable right from the initiation of transaction but in the case at hand has cropped up at the end of the transaction in question.

(3.) Per contra, learned counsel for the State and the victim relying upon decision of Apex Court in Sau. Kamal Shivaji Pokarnekar Vs. State of Maharashtra & others in Criminal Appeal No. 255 of 2019 [arising out of SLP (CRL.) No. 7513 of 2014] decided on 12/2/2019 submits that a criminal complaint cannot be quashed merely on the ground that allegations made appear to be of civil nature, especially when the ingredients of the offence are prima facie made out.