KRISHNA KUMAR BANSAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur from 14.09.2020 to 01.10.2020 shall be only through video conferencing.

(2.) Heard learned counsel for the petitioner as well as the learned counsel appearing on behalf of the respondent No.2 (complainant) through video calling and the learned Public Prosecutor in-person at a great length.

(3.) Learned counsel for the petitioner submits that the notice was given to the petitioner on 2 nd January, 2018 and thereafter, the present FIR has been lodged in the year 2020; that one another FIR was filed by the respondent No.2. Learned counsel also stated that upon perusal of the documents, this Court would find that this is purely a matter related to business transactions between the parties and the present dispute arose for recovery of the amount due on account of business transactions. Learned counsel further submits that in a catena of judgments, Hon'ble the Supreme Court as well as this Court, held that in the matters of recovery of money cases, on the same facts and grounds, FIR could not be lodged. In support of his argument, learned counsel relied upon the following judgments, details are as under:-