SUMIT MAHESHWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.392/2018 dated 03.07.2018 registered at Police Station Chomu, District Jaipur (West) under Section 420 I.P.C.

(2.) Drawing attention of this Court towards the contents of FIR in question, learned counsel for the petitioner contended that a loan of Rs.10,00,000/- was advanced to him by the complainant on interest @ 12% per annum and the instant FIR was lodged only after four years therefrom to recover the loan amount when the suit for recovery of the loan amount became barred by limitation. He submitted that since the transaction in question reveals, at the best, breach of promise by the petitioner, the FIR in question, which does not disclose commission of offence of cheating, deserves to be quashed. He relied on the judgment of Hon'ble Apex Court of India in case of Sushil Sethi and Anr Vs. The State of Arunachal Pradesh and Ors.: Criminal Appeal No.l25/2020(Arising from SLP(Crl_.) NO.590/2019), decided on 31.01.2020 and a co-ordinate Bench judgment of this Court in case of Pradip Mundhra Vs. State of Rajasthan and Anr.: 2008(1) Cr.L.R. (Raj.) 855, in support of his submissions.

(3.) Learned Public Prosecutor assisted by learned counsel for the complainant opposing the prayed submitted that a bare reading of the FIR discloses commission of offence of cheating and hence, it cannot be quashed by this Court under its extraordinary jurisdiction vide Section 482 Cr.P.C. They submitted that the complainant did not lodge the FIR against the petitioner immediately inasmuch as the petitioner has promised to repay the amount after three years. They submitted that there is specific allegation in the FIR that the amount was taken by the petitioner from the complainant with dishonest and fraudulent intention from the very inception satisfying the ingredients necessary to constitute offence under Section 420 I.P.C. and hence, the petition deserves to be dismissed. They relied upon the judgment of Hon'ble Apex Court of India in case of Varalal Bharath Kumar and Anr. Vs. State of Telangana and Anr.: 2018 CRI.L.J. 431 and judgment of Hon'ble Allahabad High Court in case of Vijay Prakash and Anr. Vs. State of Uttar Pradesh and Ors.: 2000 CRI.L.J. 4157.