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2013 Supreme(Raj) 2212

NISHA GUPTA
Ashok Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Rajneesh Gupta, Advocate.
For the Public Prosecutor:Mr. Laxman Meena, Advocate.
For the Respondent No. 2:Mr Mahesh Gupta, Advocate.

JUDGMENT

1. - This Misc. Petition under Section 482 has been filed for quashing of FIR No. 140/2013 registered at Police Station, Arawali Vihar, Alwar dated 2.4.2013 for offence under Sections 420, 120- B, 467, 468 and 471 IPC.

2. The short facts of the case as narrated in the petition are that complainant non petitioner No. 2 has lodged an FIR for the offence under Section 420, 120-B, 467, 468 and 471 IPC by way of complaint which was sent for investigation under Section 156(3) Cr.P.C. The contention of the present petitioner is that the FIR is manifestly attended with mala fides and only to create pressure to the present petitioner who has filed complaint under Section 138 of the Negotiable Instruments Act (in short NI Act) against non petitioner No. 2. The petitioner has advanced a loan of Rs. 2,80,000/- and cheque was issued by non petitioner No. 2 in his favour which was submitted in the Bank on 27.2.2013 but it was dishonoured. Again on the request of respondent No. 2, it was presented on 3.3.2013 and it was dishonoured with an endorsement of insufficient fund, third time also it was presented but again it was dishonoured and notice has been served on respondent on 11.3.2013 w












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