JUDGMENT :

KAUSHIK GOSWAMI,J.

Heard Mr. J. I. Borbhuiya, learned Counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam for the State respondent and Mr.S. Chauhan, learned Counsel for the respondent No.2.

2. By way of this petition under Section 482 of the Criminal Procedure Code, 1973, read with Sections 397/401 of Criminal Procedure Code, 1973, also read with Article 227 of the Constitution of India, the petitioner is seeking setting aside and quashing the impugned F.I.R. of Palashbari P.S. Case No. 86/2019 under Section 417/420/447/294(A)/506 of the Indian Penal Code (hereinafter referred to as “IPC”) and the impugned Charge-sheet No. 147/19 dated 26.06.2019 and the further proceeding of P.R. Case No. 245/2019, originated from the F.I.R. pending before the Court of Judicial Magistrate 1^st Class, Kamrup, Amingaon.

3. The brief facts of the case is that the respondent No.2 filed an F.I.R. on 7.03.2019 alleging inter-alia that the petitioner had taken an amount of Rs. 2,00,000/- (two lakh) only as loan from him and when asked the petitioner to repay the money, the petitioner instead of repaying the same, came to his Saw Mill while he was abs