RAKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under S. 482 Cr. P. C. has been filed for quashing the FIR No. 107 of 1997 registered at Police Station. Sadar Kotwali against the accused-petitioner Rakesh Kumar for the offences under Ss. 406 and 420 IPC.

(2.) The brief case is that respondent No. 2 lodged the above FIR No. 107 of 1997 on 8-5-1997 with the allegations that on 11-4-1997 at about 3.00 p.m. the accused-petitioners came to his shop and represented that they were badly in need of money and so he requested complainant - respondent No.2 to lend a sum of Rs. 1.15.000/- to them. They promised to return the same within two days. The respondent No.2 was pursuaded to part with the above money. The petitioners took the above money and also wrote a chit of having borrowed the above money. The petitioners have also pledged their scootor with respondent No.2. However, the petitioners did not return the above money because they had no intention to do so even from the beginning. Thus, in this way the petitioners deceived the respondent No.2 and succeeded in obtaining the above money. On this report the Police registered a case against the accused - petitioners under Ss. 406 and 420 IPC and started investigation. The matter is under investigation.

(3.) I have heard Mr. Ravi Kasliwal, the learned counsel appearing for the petitioner. Mr. S.M. Podar, the learned Public Prosecutor for the State and Mr. Resham Bhargava for respondent No.2 and have very carefully gone through the record of the case.