Khetmal vs State of Rajasthan - 2023 Supreme(Raj) 1815

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1815

ASHOK KUMAR JAIN
Khetmal – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Naresh Khatri, Advocate.
For the Respondent: Mr. Vikas Sharma, PP.
For the Complainant :Mr. Rajiv Bishnoi, Advocate.

Table of Content
1. dispute characterized as civil, not criminal. (Para 2 , 3)
2. nature of transaction determines legal recourse. (Para 5 , 6 , 7)
3. fir insufficient for criminal charge; misuse of process. (Para 8 , 9)

ORDER :

Mr. Ashok Kumar Jain, J. - The present Misc. Petition has been preferred under Section 482 Cr.P.C. by the petitioner for quashing of the FIR No.269/2018 registered at the Police Station Kotwali, District Pali for the offences under Sections 420 , 406, 467, 468 and 471 of the IPC.

2. Learned counsel for the petitioner submitted that language of FIR itself indicates that Rs.2 lacs was borrowed by the petitioner from the respondent on certain rate of interest and when he asked to repay the same, the petitioner refused and denied the alleged of transaction. He submitted that on face of it, this is dispute of civil nature and criminal proceedings in such case is not permissible. He further submitted that just to extract money by entangling the present petitioner in criminal proceedings is nothing but an abuse of process of law. He further submitted that prima facie no case under Sections 420 , 406, 467, 468 and 471 of the IPC is made out against the petitioner. He fur

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