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BIRENDRA KUMAR
Inder Kumar More – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. details of loan and cheque issued by petitioner. (Para 2 , 3) |
| 2. arguments regarding validity of fir and intentions. (Para 4 , 6) |
| 3. court's analysis of criminal liability and previous cases. (Para 5 , 7 , 8) |
| 4. conclusion on quashing of fir based on facts. (Para 9 , 10) |
ORDER :
Mr. Birendra Kumar, J. - The petitioner has sought for quashment of FIR No. 169/2022 registered with Losal Police Station District Sikar for offences under Section 420 and 406 IPC at the behest of respondent No.2.
2. Heard the learned counsels for the parties and perused the records.
3. According to FIR, the petitioner had taken a loan from respondent No.2, for his business, to the tune of Rs. 3,50,000/-. The petitioner handed over a cheque of Rs. 4,00,000/- bearing cheque No. 138384 to respondent No.2 as refund of the aforesaid loan amount along with interest. Respondent No.2 placed the cheque before the Bank on 28.7.2022, however the cheque was returned on very next day i.e. 29.7.2022 with endorsement that the Bank Account was already closed on 9.11.2021. Thereafter respondent No.2 demanded the money from the petitioner and petitioner allegedly committed abuse and assault and threatened to f
Quashing of FIR is warranted when allegations do not establish prima facie legal ingredients for offenses, particularly under the Negotiable Instruments Act, following the requirements laid out in Se....
Filing a criminal complaint with mala fide intention to abuse the process of law and avoid proceedings under Section 138 of the Negotiable Instruments Act is not permissible.
The presumption of liability under the Negotiable Instruments Act requires the accused to prove otherwise, and illegal cash transactions cannot be protected under law.
The absence of fraudulent intention at the inception of a transaction negates charges of cheating under Section 420 of the IPC, distinguishing civil disputes from criminal offences.
Criminal Law - Dishonoure of Cheque - Quash of FIR - Complaint under Section 138 of NI Act, criminal cases have now been filed against petitioners, as aforesaid, cannot itself be a ground for quashin....
The intention to cheat must be shown to exist at the inception of the transaction for seeking prosecution for the offences of cheating and breach of trust.
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