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2022 Supreme(Raj) 1730

DINESH MEHTA
Rajesh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Harshad Bhadu, Advocate, for the Appellant
Vikram Sharma, Public Prosecutor, for the Respondents

JUDGMENT

Dinesh Mehta, J. - By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has challenged the FIR No. 3/2022, registered at P.S. Sadar, Bikaner for the offences alleged to have been committed by him under Sections 420 & 406 read with Section 120B of the Indian Penal Code.

2. Mr. Bhadu, learned counsel for the petitioner argued that a dispute purely of civil nature has been given the colour of crime and that the necessary ingredients for constituting an offence under Section 420 & 406 of the Indian Penal Code are absent in the present case.

3. Inviting Court's attention towards the antecedent facts, learned counsel for the petitioner submitted that the petitioner has taken a loan from the respondent-complainant and due to financial difficulties, he could not repay the loan amount, for recovery whereof the complainant has lodged the present FIR.

4. It is also informed by Mr. Bhadu that at the time of receiving loan the complainant got the agreement in question executed by the petitioner in his favour apart from two blank cheques for securing the amount advanced by the petitioner. He su

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