SHYAM BABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition has been filed on behalf of accused petitioners Rajendra Prasad, Niharika Singhal and Amit Singhal, seeking quashing of FIR No.115/2024, registered at Police Station Kherli, District Alwar for offences under Ss. 420 and 406 IPC and subsequent proceedings arising thereto.

(2.) Vide order dtd. 27/3/2024, interim protection was granted to the petitioners and it was directed that no coercive steps be taken against them in connection with the impugned FIR.

(3.) Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. He submits that from bare perusal of the impugned FIR, it is clear that it is a purely a monetary dispute, arising out of business transactions, which took place between both petitioners and complainant. Both petitioners and complainant were doing business transactions for the last three years, which is admitted by the complainant in the FIR itself but when there arose some business dispute, instead of taking recourse of civil remedy (suit for recovery), the complainant misused the process of law and lodged the impugned FIR against the petitioners in order to create undue pressure upon them. The impugned FIR has been lodged with absolute false and frivolous allegations and no offence is made out against the petitioners. Learned counsel further submits that no payment is to be made by the petitioners to the complainant. He has placed reliance on the following judgments:-