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2024 Supreme(Raj) 1022

RAJENDRA PRAKASH SONI
Madanlal Pareek son of Shri Rambakshram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Sheetal Kumbhat.
For the Respondents:Mr. Shrawan Singh, PP., Ms. Priyanka Borana on behalf of Mr. Dhirendra Singh, Sr. Advocate.

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

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