RAJESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the present petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has challenged the FIR No. 3/2022, registered at P.S. Sadar, Bikaner for the offences alleged to have been committed by him under Ss. 420 and 406 read with Sec. 120B of the Indian Penal Code.

(2.) Mr. Bhadu, learned counsel for the petitioner argued that a dispute purely of civil nature has been given the colour of crime and that the necessary ingredients for constituting an offence under Sec. 420 and 406 of the Indian Penal Code are absent in the present case.

(3.) Inviting Court's attention towards the antecedent facts, learned counsel for the petitioner submitted that the petitioner has taken a loan from the respondent-complainant and due to financial difficulties, he could not repay the loan amount, for recovery whereof the complainant has lodged the present FIR.