JITENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition has been preferred by the accused petitioner praying to quash FIR No.183/2017 registered at Police Station Christianganj, Ajmer for the offence under Ss. 420, 406, 467, 468 and 471 IPC.

(2.) Learned counsel for the petitioner submits that the present FIR lodged by the complainant is false and frivolous. Complainant has filed the present FIR by efflux of long a long time, i.e. delay of two years. Offence mentioned in the FIR is baseless and without proof of truth. Learned counsel for the petitioner further submits that the petitioner filed many criminal cases against the complainant under Negotiable Instruments Act. Learned counsel for the petitioner also submits that legal notice was given to the complainant, so, complainant had to lodge the present FIR as a counter-blast. Learned counsel for the petitioner further submits that cognizance was also taken on 28/8/2017 against the complainant for the offence under Sec. 138 of Negotiable Instruments Act. Learned counsel for the petitioner also submits that a bare reading of the FIR, no offence against the petitioner is made out. Learned counsel for the petitioner further submits that the complainant developed many stories but he did not provide any proof regarding payments made by him. Learned counsel for the petitioner also submits that if the impugned FIR is allowed to continue against the petitioner, then the same will amount to abuse of process of law. So, present FIR filed by the complainant be quashed.

(3.) Learned counsel for the petitioner has placed reliance upon the judgment of Apex Court passed in Sanjeet Kumar v. State Of Bihar; Criminal Appeal No.852/2009, decided on 27/4/2009 and judgments passed by the Principal Seat at Jodhpur in Ajeet Pal Singh Ranawat v. State Of Rajasthan; S. B. Criminal Miscellaneous(Pet.) No.3008/2018, decided on 27/2/2019 and Kiran Bhai Kapadiya v. State Of Rajasthan; S. B. Criminal Miscellaneous (Petition) No.726/2016 decided on 1/11/2017.