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MANOJ KUMAR GARG
Dharmesh Brahmin – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. complaint regarding investment fraud. (Para 1 , 2) |
| 2. arguments about the legality of the investment scheme. (Para 3 , 4) |
| 3. initial observations on the fir and its validity. (Para 5 , 6) |
| 4. guidelines for quashing fir under section 482 cr.p.c. (Para 7 , 8 , 9 , 10) |
| 5. judicial principles regarding fraudulent intention and iterative conduct. (Para 11 , 12) |
| 6. dismissal of the petition to quash fir. (Para 13) |
JUDGMENT :
MANOJ KUMAR GARG, J.
1. Instant misc. petition has been filed by the petitioner for quashing of FIR No. 229/2021 registered at Police Station Khamnor, District Rajsamand for offence under Section 4 20 , 406, 120B IPC and Section 4 , 5, 6 of Prize Chits & Money Circulation Schemes (Banning) Act, 1978.
2. Brief facts of the case are that an FIR No. 229/2021 came to be lodged by the complainant against the petitioners stating therein that the present petitioners came to his village about three and half years back and suggested to invest money in their company and assured that the company will provide 5% dividend. The complainant invested a sum of Rs. 14 lacs on different dates, however, the petitioners accused failed to give returns and also did not refund th
The main legal point established in the judgment is that if the contents of the FIR disclose commission of any offence, the same cannot be quashed under Section 482 Cr.P.C.
The court established that the inherent power to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only in rare cases where no cognizable offence is disclosed.
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
Mere breach of contract does not constitute cheating unless fraudulent intention is established from the outset, as per Section 420 IPC.
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
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