PARAS SURYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused/petitioner has preferred this Criminal Misc. Petition seeking quashing of the FIR No.441/2019, registered at Police Station Mansarovar Jaipur City (South) for the offences under Sections 420, 406, 467, 468, 471 of IPC.

(2.) Petitioner is a registered trustee of Amar Charitable Trust. They are having a property at Kiranpath Mansarovar, Jaipur. The said property was given on rent to non-petitioner No.2, later on second floor was constructed as per the agreement entered into between the parties.

(3.) It is contended by counsel for the petitioner that an application is pending before the Rent Tribunal claiming the due rent which is pending since 02.12.2016. Respondent No.2 has filed an FIR on 13.05.2019 alleging that in agreement dated 18.11.2011 at first page, three lines have been added by the petitioner. It is contended that the rent was reduced to Rs.80,000/- per month for the financial year 2011-12 to 2016- 2017 and the reason for reducing the rent was that complainant respondent was to deposit a sum of Rs.1.5 crores with the petitioner. It is contended that a notice was given by the petitioner to the respondent, wherein the condition of deposition of Rs.1.5 crores was mentioned. It is also contended that in the application filed for recovery for rent before the Rent Tribunal, document Annexure-3 was produced and condition of deposit of Rs.105 crores was mentioned. It is only after recording the statement of petitioner that present FIR has been lodged.