LAWS(RAJ)-2018-2-221

AJAY KALLA Vs. STATE OF RAJASTHAN AND ANOTHER

Decided On February 05, 2018
Ajay Kalla Appellant
V/S
State of Rajasthan and Another Respondents

JUDGEMENT

(1.) - Heard learned counsel for the petitioner, learned P.P. and the learned counsel for the complainant. Perused the material on record.

(2.) By way of the instant misc. petition under Section 482 Cr.P.C., 1973 the petitioner has approached this Court for quashing of the F.I.R. No. 413/2016 registered at P.S. Udaimandir, Jodhpur for the offences under Sections 420, 406, 467, 468 and 471 IPC.

(3.) Learned counsel Mr. Kotwani vehemently urged that as a matter of fact the so called agreement on the strength whereof the F.I.R. has been filed is a fabricated one. The petitioner as a matter of fact took some loan from the complainant and for repayment thereof two cheques and some blank papers were given to him. The cheques could not be honoured and the complainant has initiated proceedings under section 138 of the Negotiable Instruments Act against the petitioner. Simultaneously, he misused the blank papers lying with him to create the fabricated agreement and lodged the frivolous F.I.R. on the basis thereof. On these grounds he implores the Court to quash the impugned F.I.R. registered against the petitioner.