PRANAY VIJAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this criminal writ petition, petitioner prays for quashing of the criminal proceedings arising out of FIR No.191/2017, registered with Police Station, Mahaveer Nagar, Kota City, Kota against the petitioner for the offence under Section 420, 467, 468, 471, 120B and 201 IPC.

(2.) It has been averred on behalf of the petitioner that the impugned FIR and criminal proceedings initiated thereto are counter blast of the complaint filed by the petitioner under the provisions of Section 138 of the Negotiable Instruments Act (for short 'NI Act'). The respondent No.3-complainant lodged the impugned FIR No.191/2017 wherein he alleged that two plots were sold to the complainant through agreement to sell which were shown for sale by the petitioner bearing Plot No.139B and 140B at Vishwakarma Nagar, Kota for a sum of Rs.40 Lac. It was also offered by the accused-petitioner to the complainant that a sum of Rs.12 to 13 Lac would be spent in making construction on the said plots and he, therefore, handed over cheques of the sum of Rs.12,51,000/- and Rs.3,35,000/- to the petitioner-Pranay Vijay wherein dates were mentioned and a third cheque was also given without date to the petitioner-Pranay Vijay for the purpose of construction apart from the amount of Rs.40 Lac which were paid earlier by cheques. It was stated in the FIR that the actual owner of the plot was one Khadib Hussain in whose favour the sale deed was executed by the Urban Improvement Trust, Kota. It is stated that instead of registering the plots in name of the complainant, the said plots were registered in name of petitioner-Pranay Vijay himself later on by the registered sale deed on 20/02/2017 in- stead of the complainant and the sale agreement, which was lying with the accused-petitioner-Pranay Vijay was destroyed.

(3.) Learned counsel for the petitioner submitted that the impugned FIR had been lodged only because the petitioner had given a notice on 12/04/2017 under Section 138 of NI Act upon dishonouring of the cheque of Rs.12,51,000/- for which he filed a complaint before the Special Judge, NI Cases, Kota on 11/05/2017 and notices were issued in the said case. The petitioner has also stated that he is sole owner of the plots and the complainant had sold the plots to the petitioner and the petitioner started construction on the plot by executing an agreement with one contractor to which the complainant had signed as a witness and if otherwise also, it was a case of civil nature relating to civil dispute and the criminal proceedings initiated against the petitioner ought not be continued. He therefore prayed for quashing of FIR.