JUDGMENT :

This petition under Section 482 Cr.P.C. is preferred by the petitioner, namely, Shri Hemant Agarwal for quashing the FIR of Itanagar P.S. Case No.200/2018 under Section 468/471/420 IPC. It is to be noted here that the aforesaid FIR was lodged by Shri Roni Lishi on 07.06.2018, upon which, Itanagar P.S. Case No. 200/2018 has been registered and investigation is being carried out.

2. The factual background leading to filing of the present petition is briefly, stated as under:-

“The petitioner, Shri Hemant Agarwal and the respondent No. 2 -Shri Roni Lishi are familiar to each other. The petitioner was in need of money for providing the same as bank guarantee for a tender project at Majuli and other purposes. Then on a request made by the petitioner, the respondent No.2 had lent him a sum of Rs.6,25,00,000/-(Rupees Six Crore Twenty Five Lakhs) only, without any written agreement and the aforesaid amount was transferred to the account of petitioner in 3 (three) instalments vide Axis Bank Cheque No.9313, dated 31.10.2017, for a sum of Rs.4,10,00,000/-(Rupees Four Crores and Ten Lakhs) only, vide mobile banking, dated 01.11.2017 for a sum of Rs.25,00,000/-(Rupees Twenty Five Lakhs) only, and Axis Bank Cheque No. 9334, dated 03.11.2017 for a sum of Rs.1,90,00,000/-(Rupees One Crore and Ninety Lakhs) only. The petitioner had promised to return the amount within few days. But, after lapse of few weeks, the petitioner failed to return the sum. Then, the respondent No. 2 requested him in his Mobile to refund the sum and he assured to return the same within few days. On his persistence request, the petitioner has return a sum of Rs.60,00,000/-(Rupees Sixty Lakhs) in two instalments and assured to return rest of the amount in few days. But, few day turn into several months and when the petitioner failed to return the balance amount i.e. 5,65,00,000/-(Rupees Five Crores and Sixty Five Lakhs) despite several telephonic request and message, the respondent No. 2 personally visited his office at Paschim Boragaon and his residence at Saraswati Vihar, Sundarpur at Guwahati on many occasions. But, he could not be found either in the office or in his residence. Then, the respondent No. 2 requested his friend Shri Neelam Tamuli to meet the petitioner regarding refund of money but his friend also failed to convey the message and his friend was the main witness of the aforementioned transactions, who happened to be common friend of the petitioner and on one occasion, the petitioner deposited a sum of Rs.25,00,000/-(Rupees Twenty Five Lakhs) in the name of M. L. Enterprises and sent him the counterfoil of RTGS done through the State Bank of India, Beltola Branch. But, he found that no money was transferred in the SBI Account. The counterfoil of RTGS with seal was found to be fake. Then in the month of April, 2018, the petitioner called the respondents that he would deposit a sum of Rs.45,00,000/ (Rupees Forty Five Lakhs) in his account and when he checked his account, but he found only Rs.45,000/-(Rupees Forty Five Thousand), deposited in his account and when the respondent informed that he will lodged a police case then the petitioner threatened him with dire consequences and blocked his number and messages to avoid returning of money which amounts to Rs.5,65,00,000/-(Rupees Five Crores and Sixty Five Lakhs) and that the petitioner has toed his trust and cheated him. Upon the said FIR, the O.C. of Itanagar Police Station registered the case being Itanagar P.S. Case No. 200/2018 under Section 468/471/420 IPC and being investigated upon. While the investigation was being carried out, the petitioner approached this Court by filing the present petition for quashing the FIR.”

3. I have heard Mr. K. Agarwal, learned Senior counsel assisted by Mr. M. Das, learned counsel for the petitioner. Also heard Mr. D. Panging, learned counsel representing respondent No. 2 and Ms. L. Hage, learned Addl. PP representing State respondent No. 1.

4. Mr. K. Agarwal, le