VINOD SINGH Vs. STATE

JUDGEMENT

(1.) The petitioners herein have preferred the instant petition under Sec. 482 Cr.P.C. with a prayer to quash the FIR No. 120/2021 registered at the Police Station Jhanwar, Jodhpur City (West) for the offences punishable under Ss. 420, 406 and 120B of the IPC.

(2.) Briefly stated the facts relevant and essential for disposal of the misc. petition are noted hereinbelow:-

(3.) After registration of the said FIR, thorough investigation was conducted by the IO. Statements of the concerned witnesses were recorded. The accused were given notices under Sec. 91 Cr.P.C. and were required to furnish their explanations, which was taken on record. It may be stated here that the complainant's father Shri Dinesh Shringi filed a separate FIR No. 267/2019 against the accused petitioners at the Police Station Devnagar, Jodhpur with almost identical allegations wherein, after thorough investigation, the IO filed a negative final report concluding that the cheques given by the accused to Shri Dinesh Shringi (father of the complainant) were dishonoured and a criminal case No. 250/2015 was lodged by the complainant against the accused. The FIR came to be submitted in the year 2019 with clear intention of gaining advantage in the complaint filed under the N.I. Act. A protest petition has been filed by Shri Dinesh Shringi against this negative final report. The petitioners have approached this Court by way of this petition under Sec. 482 Cr.P.C. seeking quashing of the proceedings of the impugned FIR on the ground that the same is malafide and does not disclose necessary ingredients of cognizable offences.