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2023 Supreme(Raj) 1678

IN THE HIGH COURT OF RAJASTHAN
KULDEEP MATHUR, J.
Subhash Chand and Others – Petitioners
Versus
State of Rajasthan and Another – Respondents
S.B. Criminal Misc. Petition No. 7784 of 2022
Decided On : 11-09-2023

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

Headnote:(A) Indian Penal Code - Sections 420, 467, 468, 471, and 120-B - Criminal miscellaneous petition for quashing FIR for alleged cheating and forgery - Accused allegedly induced complainant under false pretenses regarding interest-free loans, securing bank account access, and using complainant's documents for illegal transactions - FIR lodged at PS Nohar, District Hanumangarh, found to have jurisdiction due to continuing nature of alleged offences. (Paras 1, 4, 9, 18)

(B) Quashing of FIR - Guidelines for quashing as per Supreme Court in State of Haryana v. Bhajan Lal - Allegations must not prima facie constitute an offence for quashing under Section 482 Cr.P.C. - Court ruled that allegations include essential elements of deception and inducement, characters of continuing offences established. (Paras 14, 20)

Facts of the case:
Petitioners allegedly misled complainant into providing personal documents for a non-existent interest-free loan, leading to unauthorized transactions in bank accounts opened in complainant's name. Complainant discovered discrepancies through notifications from the Income Tax Department.

Findings of Court:
Court found that allegations in FIR are actionable and that FIR shows a cognizable offence under the relevant sections of IPC was made out against the petitioners.

Issues: Determining jurisdiction of PS Nohar and whether the FIR discloses a cognizable offence based on the allegations of cheating and inducement.

Ratio Decidendi: Allegations of forgery and cheating meet criteria for cognizable offences as per the statutes; jurisdiction of police to investigate upheld given serious nature of allegations.

Result: The petitioners' application to quash the FIR is dismissed.

Table of Content
1. basis for filing fir against petitioners (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. arguments about jurisdiction and lack of offense (Para 8 , 9)
3. opposing arguments regarding investigation (Para 10 , 11 , 12 , 13)
4. supreme court guidelines for quashing fir (Para 14 , 15)
5. court's findings on fir and ongoing offenses (Para 16 , 17 , 18 , 19)
6. conclusion on the petition for quashing fir (Para 20 , 21)

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 further told the complainant to come to Sirsa, Haryana after 3-4 days, so as to facilitate opening of a bank account in his name. After 3-4 days, the complainant went to Sirsa where the accused-petitioner No. 1 took him to a bank and got the complainant to sign some documents and also got cheque books issued from the bank. The accused-petitioner No. 1 also got signatures of the complainant on cheque leaves of the cheque book so issued, blank documents and stamp papers and kept the same with him, while assuring the complainant that the loan will be sanctioned in his favour shortly and he will be intimated about the same.

3. After 4-5 months, the complainant inquired about the loan and he was told by the accused-petitioner No. 1 that first installment of the loan will be disbursed shortly and thereafter, for two years, quarterly installments will be disbursed to him but first, he has to visit Gurgaon in relation to loan. The complainant then visited the office situated in Gurgaon, where he was asked to sign some documents and was also told that the first installment of the loan to the tune of Rs. 25,000/- will be disbursed shortly and quarterly-installments for two years will be disbursed thereafter. The complainant did not receive any of the installment for 12 months whereupon, he inquired about the same from accused-petitioner No. 1, who informed that the loan application had been rejected and whenever a new scheme is launched, he will, help the complainant in securing loan.

4. The complainant received letters dated 10.08.2022 and 12.08.2022 from the Income Tax Department which were shown to the advocate who told the complainant that in the assessment year 2014-2015, an amount of Rs. 1,35,20,620/- was assessed as income tax which was demanded by the Income Tax Department along with interest. The complainant stated that he had never dealt with/seen such huge amount. Upon this, after 3-4 days, the advocate of the complainant told him that he had received information from office of Income Tax Department, Hanumangarh that the bank accounts of the complainant had been opened in Sirsa, Haryana, in which large amounts of money were deposited and withdrawn.

5. The complainant gathered information about the said accounts and from the statements of these accounts, came to know about one ICICI Savings Bank Account Branch at Sirsa with No. XXXXXXXX4002, wi

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