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2021 Supreme(Gau) 673

Manjit Gurung – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates Appeared:
For the petitioners: Mr. Kemo Lollen.
For the respondents: Mr. J. Tsering.

ORDER :

1. Heard the learned counsel, Mr. K. Lollen, appearing for the petitioners. Also heard the learned Public Prosecutor, Mr. J. Tsering, appearing for the State of Arunachal Pradesh.

2. This is an application under section 482 of the CrPC praying for quashing of the FIR in Longding P.S. Case No. 43/2020, registered under section 420 of the Penal Code, 1860.

3. The 2 petitioners intended to buy one Truck from the informant. They were to pay Rs. 2,50,000 only by cheque and the remaining amount of Rs. 15,000 only in cash. The cheque was issued and the Truck was taken away. When the informant presented the cheque in the Bank for encashment, it was refused because of insufficient fund. Therefore, the informant filed the FIR alleging that the petitioners had cheated him.

4. The learned counsel, Mr. Lollen, appearing for the petitioners, has submitted that this is a pure civil dispute which has been given the colour of a criminal case just to harass the petitioners. The learned counsel, Mr. Lollen, has relied upon a judgment of the hon'ble Supreme Court that was rendered in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335. The learned counsel has further relied upon paragraph 102 of

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