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2016 Supreme(Bom) 2076

F.M.REIS, NUTAN D.SARDESSAI
T. Chandramouli – Appellant
Versus
Police Inspector, Vasco Police Station – Respondent


Advocates Appeared:
For the Petitioner:Shri A. D. Bhobe, Advocate
For the Respondent:Shri S. R. Rivankar, Public Prosecutor, Shri A. Gosavi, Advocate

JUDGMENT :

Nutan D. Sardessai, J.

1. Heard Shri A. D. Bhobe, learned Advocate appearing for the Petitioner, Mr. S. R. Rivankar, learned Public Prosecutor appearing for the Respondent no.1 and Mr. A. Gosavi, learned Advocate appearing for the Respondent no.2.

2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondents, waive service.

3. The above Petition seeks, inter alia, to quash and set aside the FIR bearing no.163 of 2015 registered with the Vasco Police Station for the offences punishable under Sections 417, 420, 506(ii) Read with 34 of the Indian Penal Code.

4. Shri A.D. Bhobe, learned Counsel for the petitioner adverted to the complaint and submitted that none of the ingredients of the offence of cheating were made out nor those of the offences of the cheating and dishonestly inducing a person deceived to deliver any property to any person and therefore it was a fit case to quash the F.I.R.. Moreover there was a civil proceeding and arbitration proceedings between the parties and an attempt was made to criminalize the civil transactions by these proceedings. The complaint was an attempt at an abuse of the process of law and ther


































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