SHANKAR MOTORS PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Jitendra Prasad Singh, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor appearing for the State.

(2.) This application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the first information report relating to Bhagalpur Industrial Area P.S. Case No.119 of 2020 dtd. 24/10/2020 registered under Sec. 406 and 420 read with 34 of the Indian Penal Code (for short 'IPC').

(3.) Mr. Jitendra Prasad Singh, learned counsel for the petitioner submitted that the instant first information report is an abuse of the process of the Court. He contended that even if the entire allegations made in the first information report are believed to be true, the same would constitute no cognizable offence. He contended that from perusal of the first information report, it would be evident that the informant had not paid the price of the vehicle except the advance money of Rs.51,000.00and, hence, he cannot allege that after payment of the price of the vehicle, the vehicle was not handed over to him. Lastly, he contended that in case there is any dispute between the parties, it is primarily a dispute of civil nature for which no criminal case could have been launched.