The police station is bound to register an FIR when a cognizable offence is made out, and the Magistrate has wide powers under Section 156(3) of the Cr.P.C. to ensure proper investigation.

ORDER :

1. RULE. Learned Additional Public Prosecutor appears and waives service of notice of rule on behalf of the respondent-State.

2. By way of this application filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) the present applicant has prayed for quashing and setting aside order dated 14th December, 2023 passed by the learned 16th Additional Chief Judicial Magistrate, Vadodara in Criminal Inquiry No. 401 of 2023.

3. The brief facts giving rise to the present application of the applicant-original complainant are in nutshell as under:

3.1 That one Rajendrasinh Lalsinh Solanki - the original accused wanted to purchase a residential flat and was in need of some money and since the applicant was having good relations with the said Rajendrasinh Lalsinh Solanki made a written request to lend him 10 lakhs (Rs. Ten Lakhs) on 10 Rs. 10 lakhs (Rs. Ten Lakhs) on 10th July 2022 and the applicant agrred and gave him the amount of 10 lakhs, which was Rs. 10 lakhs (Rs. Ten Lakhs) on 10 transferred by NEFT in the account of the said Rajendrasinh Lalsinh Solanki on 4th August, 2022. That on the same day, the applicant and Rajendrasinh Lalsinh Solanki executed a notarized agreement, wherein, a specific condition was mentioned that the said amount of 10 lakhs had to be returned within a period of 90 Rs. 10 lakhs (Rs. Ten Lakhs) on 10 days from the date of agreement or interest had to be paid on the same amount and also a specific condition that the amount shall be used only for buying a residential flat and would not be used for any other purpose. That Rajendrasinh Lalsinh Solanki had also issued a cheque No. “000078” dated 3rd November, 2022 in favour of the applicant and as the said amount was not paid within the stipulated period, the cheque was deposited for clearance in the bank of the applicant but returned with the endorsement of “fund insufficient.” That it was also found that the said Rajendrasinh Lalsinh Solanki did not utilized the said amount of 10 lakhs for Rs. 10 lakhs (Rs. Ten Lakhs) on 10 purchasing the residential flat but has utilize the said amount for other purposes and hence as the said Rajendrasinh Lalsinh Solanki had committed the offence of criminal breach of trust and cheating, the applicant gave a written complaint before the Gotri Police Station on 16th December 2022. The Police Inspector Gotri Police Station did not register the FIR but recorded the statements of the applicant on 18th December 2022, 5th January, 2023 and 1st March, 2023 and sought permission from the Police Commissioner, Vadodara City (Reader Branch) for registering the FIR, by a letter dated 18th April, 2023 and the said letter was sent through the Assistant Commissioner of Police (Zone-2), Vadodara City and Additional Commissioner of Police (D-Division), Vadodara City. That by a letter dated 21st April, 2023, the Additional Commissioner of Police (D Division) Vadodara City had opined that the offence under Section 420, 406 of the IPC was made out and hence the permission to register the FIR be given and similarly by a letter dated 27th April 2023, the Assistant Police Commissioner, (Zone-2) opined that the offence under Sections 420 and 406 was made and hence the permission to register the FIR be given.

3.2 That the office of the Commissioner of Police, Vadodara City sent the Police Inspector, Gotri Police Station a letter dated 16th June, 2023, stating that as the applicant can exercise his relief under Section 138 of the Negotiable Instrument Act, the permission to register the FIR was not given and all the papers were returned to the Gotri Police Station.

3.3 Being aggrieved and dissatisfied with the same, the applicant approached the Court of the learned Chief Judicial Magistrate, Vadodara and file an application under Section 156(3) of the Cr.P.C. and on 7.8.2023 and the learned 16th Additional Chief Judicial Magistrate, Vadodara passed an order below Exh;1 after recording the verificat