VISHWANATH SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner seeks quashing of the entire criminal proceeding arising out of Dumka (Town) P.S. Case No.20 of 2018 corresponding to G.R. No.120 of 2018 which has been registered for the offence punishable under sections 406 and 420 IPC.

(2.) Contention raised on behalf of the petitioner is that a plain reading of the written report dated 29.01.2018 on the basis of which a First Information Report has been lodged does not disclose commission of any offence. It is contended that on the informant's own saying Rs.3,60,000/- which allegedly was given to the petitioner was a friendly loan, however, a civil transaction has given the colour of a criminal case.

(3.) In support of the aforesaid contentions, Mr. R.S. Mazumdar, the learned Senior counsel for the petitioner refers to the judgment in "Vesa Holdings Pvt. Ltd. & Anr. Vs. State of Kerala & Ors., 2015 8 SCC 293".