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2021 Supreme(Raj) 335

MAHENDAR KUMAR GOYAL
Sumit Maheshwari – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Anil Kumar Upman, for the Appellant; Mr. F.R. Meena, PP, Mr. Amitabh Vijaywargia, for the Respondent.

JUDGMENT

1. This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.392/2018 dated 03.07.2018 registered at Police Station Chomu, District Jaipur (West) under Section 420 I.P.C.

2. Drawing attention of this Court towards the contents of FIR in question, learned counsel for the petitioner contended that a loan of Rs.10,00,000/- was advanced to him by the complainant on interest @ 12% per annum and the instant FIR was lodged only after four years therefrom to recover the loan amount when the suit for recovery of the loan amount became barred by limitation. He submitted that since the transaction in question reveals, at the best, breach of promise by the petitioner, the FIR in question, which does not disclose commission of offence of cheating, deserves to be quashed. He relied on the judgment of Hon'ble Apex Court of India in case of Sushil Sethi & Anr Vs. The State of Arunachal Pradesh & Ors.: Criminal Appeal No.l25/2020(Arising from SLP(Crl_.) NO.590/2019), decided on 31.01.2020 and a co-ordinate Bench judgment of this Court in case of Pradip Mundhra Vs. State of Rajasthan & Anr.: 2008(1) Cr.L.R. (Raj.) 855, in support of his submissions.

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