ASHOK SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal petition under Section 482, Code of Criminal Procedure, 1973 ('the Code' and/or 'the CrPC', for short) is filed seeking quashing of the criminal proceeding arising out of the First Information Report (FIR) lodged on 28.01.2010, which has been registered as Dergaon Police Station Case no. 47/2019 for offences under Sections 406/420, Indian Penal Code (IPC).

(2.) Heard Mr. M. Biswas, learned counsel for the petitioner and Ms. S. Jahan, learned Additional Public Prosecutor for respondent no. 1, State of Assam. None has appeared for the respondent no. 2 today on call. When the case was listed on 22.05.2020, none had appeared for the respondent no. 2 on that occasion also. It is revealed from the records that notice had been duly served on respondent no. 2 and names of learned counsel representing respondent no. 2 are also reflected in the cause-list. In such fact situation, this criminal petition is taken up for consideration.

(3.) Mr. Biswas, learned counsel for the petitioner, by referring to the contents of the FIR, has submitted that the statements and accusations made in the FIR do not disclose any of the ingredients for either the offence of cheating or the offence of criminal breach of trust. He has submitted that the accusations, in essence, are only to the effect that the petitioner had failed to return back the amount he had borrowed from the respondent no. 2.