Rajasthan High Court - Jodhpur
Hitesh Kumar Jain vs State on 23 January, 2020
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4687/2019
Hitesh Kumar Jain S/o Shri Bhuralal, Aged About 40 Years, By
Caste Jain, R/o 101/a, Aaradhana Shopping Centre, Aaradhana
Cooperative Housing Society, Jakeriya Road, Malad, Mumbai.
(Petitioner In Custody).
----Petitioner
Versus
1 State, Through P.p.
2 Dinesh Kumar Jain S/o Shri Shankarlal Jain, by caste Jain,
resident of Bhudan, Rajnagar, Rajsamand
----Respondent
For Petitioner(s) : Mr. Suresh Kumbhat
For Respondent(s) : Mr. S.S. Rajpurohit, P.P.
Mr. J.V.S. Deora, for respondent No.2
Mr. Jitendra Kumar, Dy.SP., SHO
Nathdwara
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 23/01/2020 This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing of FIR No.328/2017 of Police Station Rajnagar, District Rajsamand for the offences punishable under sections 420, 467, 468, 471, 192 and 120-B of IPC.
Learned counsel for the petitioner has submitted that allegations levelled in the impugned FIR against the petitioner do not constitute any offence, hence, the FIR is liable to be quashed. It is submitted that the complainant in the FIR has alleged that the petitioner had handed him over a cheque of Rs.4,50,000/- (Downloaded on 24/01/2020 at 08:44:28 PM)
(2 of 4) [CRLMP-4687/2019] dated 20.01.2012, however, when the complainant was about to present the said cheque in the bank, he was warned by the Mumbai Police not to present the said cheque for encashment in the bank because the petitioner has filed a complaint alleging that the complainant has made some interpolation in the cheque in respect of amount as well as date and matter is under investigation. The complainant has further alleged that the complaint filed by the petiitoner before Mumbai Police was false ans as such the petitioner has deliberately restrained the petitioner from encashing the said cheque.
It is argued by learned counsel for the petitioner that the time limit for presenting the cheque for the purpose of its encashment in the bank was three months at the relevant time, however, it is clear that the complaiant did not present the said cheque for encashment till May, 2012 and from this it is clear that the complaint filed against the petitioner is false. It is submitted by learned counsel for the petitioner that FIR was lodged against the petitioner with delay of more than five and a half years. It is also submitted that even in the complaint itself, allegation of making interpolations in the cheque is against one Shranik Kumar Jain and not against the petitioner and he was the servant of the complainant and the petitioner had nothing to do with him. It is also argued that petitioner and the complainant are relatives and a dispute in respect of some property is going on between them and only with the intention to harass the petitioner, the complainant has filed this impugned FIR with malafide intention. It is argued that it is settled that if the bare reading of the allegations levelled in the complaint/FIR do not constitute any (Downloaded on 24/01/2020 at 08:44:28 PM) (3 of 4) [CRLMP-4687/2019] offence or if the complaint has been filed due to malafide, the same is liable to be set aside.
Learned Public Prosecutor as well as counsel for the complainant have opposed the criminal misc. petition and submitted that bare reading of the impugned FIR do constitute offence, therefore, FIR cannot be quashed.
Learned Public Prosecutor has submitted the factual report, wherein it is mentioned that in the year 2012, the petitioner lodged a complaint at the Mumbai Police alleging that the complainant is going to misuse some cheques which he had stolen from the office of the petitioner. It is also mentioned in the FIR that in relation to the said complaint, Mumbai Police had registered FIR against the complainant and conducted thorough investigation and thereafter concluded that the cheque in question of Rs.4,50,000/- said to have been given by the petitioner to the complainant was recovered from the complainant, however, the petitioner along with Shranik Kumar Jain had prepared a copy of the said cheque making interpolations in the amount as well as dates and filed false complaint against the complainant. The Mumbai Police filed negative final report in the complaint while concluding that the petitioner has filed this false complaint only with the intention to harass the complainant as some property dispute is going on between them.
Having heard the learned counsel for the parties and having gone through the contents of the FIR as well as the case diary, it is clear that sum and substance of the complaint filed by the complainant is this that petitioner had given him cheque of Rs.4,50,000/- dated 20.01.2012, however, later on, he had filed a (Downloaded on 24/01/2020 at 08:44:28 PM) (4 of 4) [CRLMP-4687/2019] complaint at Police Station Mumbai alleging that the complainant had made some interpolations in the cheque in respect of dates and amount, however, the Mumbai Police have found the allegations levelled by the petitioner false. It is alleged that action of the petitioner of filing false complaint against him clearly shows that even at the time of issuing cheque in favour of the complainant he has intention to cheat him and furtherance to that he filed false complaint so that he may not got the cheque encashed.
Taking into consideration the event took place between the parties before Mumbai police, this Court is of the opinion that there is force in the allegation levelled by the complainant in the FIR that the petitioner had no intention to give the money to the complainant even at the time of issuance of cheque in his favour and as such the petitioner has committed cheating with him. I am of the opinion that complaint is required to be thoroughly investigated.
In view of the above discussion, this criminal misc. petition is dismissed.
(VIJAY BISHNOI),J 222-Taruna/-
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