Subhash Chand vs State of Rajasthan - 2023 Supreme(Raj) 1678

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2023 Supreme(Raj) 1678

KULDEEP MATHUR
Subhash Chand – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Chandra Shekhar Kotwani, Dhirendra Sodha.
For the Respondents: Laxman Solanki, Dharampal Singh.
For the Complainant : Hastimal Saraswat.

JUDGMENT :

KULDEEP MATHUR, J.

1. The instant criminal miscellaneous petition has been preferred by the petitioner for quashing FIR No. 442/2022 lodged at RS Nohar, District Hanumangarh for the offences under Sections 420 , 467, 468, 471 and 120-B IPC and investigation pursuant thereto.

2. As per prosecution, the complainant lodged an FIR dated 08.09.2022 before PS Nohar stating inter alia that the complainant is a literate person, running a simple business. In December, 2012 the accused-petitioner No. 1, who is a distant relative of the complainant, visited the house of the complainant. The accused-petitioner asked the complainant as to how his business was doing, to which the complainant replied that his business is running as per his invested capital. Upon which, the accused-petitioner No. 1 lured the complainant by telling him that in Haryana, if small businessmen wants to expand their businesses, they take loan from banks and no interest is charged on these loans. The accused petitioner No. 1 asked the. complainant to supply copies of identity documents and a photo clicked in front of his shop, in order to fill the application for interest free loan. The accused petitioner No. 1 f