KAMAL MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has sought for quashment of FIR No. 152/2014 registered with Shyam Nagar, Police Station, Jaipur (south) for offences under Sec. 120, 120B, 409, 461, 468 and 471 IPC.

(2.) The main ground of challenge is that statutory provisions were not complied before registration of FIR and the FIR discloses no offence against the petitioner.

(3.) The present status of the criminal case is that charge-sheet has been submitted against the petitioner and his wife, whereas, against other named co-accused, a closure report has been submitted vide charge-sheet No. 105 dtd. 15/7/2022. The FIR contains allegation of defalcation of rupees six crore seventy one lakh twenty thousand eight hundred and sixty five (Rs.6,71,20,865.00). The report of the respondent dtd. 13/1/2012 was challenged in an appeal under Sec. 104 of the Act. The petitioner sought for permission of the Registrar for deposit of the aforesaid amount along with his undertaking at Annexure-6. Permission was granted vide order dtd. 5/12/2018 and communication to this effect was made to the petitioner on 18/12/2018 and the petitioner deposited entire amount which was due of the creditors/depositors.