PAWAN KUMAR BAGRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Nath, learned senior counsel assisted by Mr. A. Roy, leanred counsel for the petitioner and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for all the respondents.

(2.) The case of the petitioner, as projected in the writ petition, in brief, is that he lent an amount of Rs.8,80,000.00 to one Mr. Gagan Ashok Khemka in the year 2006. The petitioner has contended that Mr. Gagan Ashok Khemka who borrowed the money from him, assured him to refund the said amount within a specified time period. The petitioner stated to have lent the said amount to the borrower [Mr. Gagan Ashok Khemka] through a cheque bearing no. 84513 drawn at ICICI Bank, Bhangagarh Branch on 1/11/2006 and the amount was duly credited to the borrower's bank account bearing no. 036601500438 maintained at Juhu Branch, ICICI Bank, Mumbai. When the borrower did not return the money despite several requests made by the petitioner, the petitioner stated to have lodged a First Information Report [FIR] before the Officer In-Charge, Bhangagarh Police Station on 6/2/2018. On receipt of the said FIR, a case has been registered by the Officer In-Charge, Bhangagarh Police Station being Bhangagarh Police Station Case no. 14/2018 under Ss. 406/420, Indian Penal Code [IPC] against the borrower viz. Mr. Gagan Ashok Khemka.

(3.) From the fact situation projected in this writ petition, this Court finds that the present writ petition is a misconceived one in view of the authoritative pronouncements of the Hon'ble Supreme Court of India in Sakiri Vasu vs. State of Uttar Pradesh and others, reported in [2008] 2 SCC 409, and Sudhir Bhaskarrao Tambe vs. Hemen Yashwant Dhage and others, reported in [2016] 6 SCC 277.