RAJENDRA PRAKASH SONI
Madanlal Pareek son of Shri Rambakshram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. In this petition under Section 482 Cr.P.C., the petitioner has sought quashing of FIR No. 76/2018 dated 23.02.2018 under Sections 420, 406 IPC, registered at Police Station Sardarshahar, District Churu and the proceedings, if any, arising out therefrom.
2. The facts may be briefly noticed.
3. That on 23.02.2018, complainant Madan Lal Pareek S/o Jagdish Prasad Pareek had submitted a written report at Sardarsahar (District Churu) Police Station to the effect that he had lent a total sum of Rs. 70,00,000 to the petitioner-accused between 01.04.2013 and 28.06.2014. This amount was lent at the interest rate applicable in banks. The petitioner has now refused to repay the amount; therefore, it was requested that money of complainant be returned back to him.
4. Learned counsel appearing on behalf of the petitioner has submitted that bare perusal of the first information report would reveal that the allegations as contained in the complaint are purely civil in nature and the requisite averments so as to make out a case of cheating and criminal breach of trust are absent. Hence, it does not disclose the commission of the alleged offence. Moreover, instead of filing a money recovery c
A mere loan dispute does not amount to criminal breach of trust or cheating without evidence of entrustment or fraudulent intent.
Abuse of process of law in invoking criminal proceedings for a civil dispute.
The mere failure to pay for goods in a commercial transaction does not constitute criminal breach of trust or cheating under IPC without evidence of dishonest intention.
The FIR did not disclose essential ingredients of criminal breach of trust or cheating, reflecting a misuse of police powers to convert a civil dispute into a criminal proceeding.
The allegations in the FIR do not constitute an offence under IPC Sections 406 and 420, as they lack essential elements of criminal intent, reflecting a civil dispute instead.
Civil disputes should not be criminalized; lack of fraudulent intent and delay in filing complaint vitiate criminal proceedings.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
Allegations of loan default and defamation do not constitute a criminal offense under IPC; the dispute is civil in nature.
Mere default in loan repayment does not constitute cheating unless there was deception at the inception of the contract.
Criminal proceedings cannot be initiated for disputes that are purely civil, especially where the essential ingredients of the alleged offences are not met.
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