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FARJAND ALI
Chota Devi W/o Shri Om Prakash – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant criminal misc. petition has been filed under Section 482 of Cr.P.C. on behalf pf the petitioner seeking quashing of the FIR No. 98/2015 dated 01.04.2015 registered at Police Station Pipar City, District Jodhpur Rural for the offences under Sections 447, 427 and 34 of IPC.
2. The allegations in the impugned FIR are that the complainant/respondent No. 2-Prakash Chandra Mehta, who happens to be the owner of a plot bearing Patta No. 1971 dated 08.02.1955, claimed to have purchased the said property from the successor of its original owner through a sale-note dated 22.09.1995. There are allegations that the petitioner with the assistance of other accused persons had trespassed the land in the midnight of 29.03.2015 and caused damage to the stones, slabs etc. lying on the plot in question. So also there are allegations that abusive language was used by the trespasser.
3. Heard learned counsel for the parties and gone through the contents of the impugned FIR and the other material as made available to this Court.
4. It is revealing that one patta of a plot situated at Khejarla Road was issued in the name of one Ramvilas and after his death, his brother Ramniwas filed an
The court emphasized the distinction between civil disputes and criminal offences, quashing the FIR due to lack of criminal intent in the allegations.
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
The main legal point established in the judgment is that in cases of alleged forgery, the court must consider the nature of the dispute, the absence of financial loss or loss of property, and the set....
There must be a prima facie case for a cognizance order; if facts only reveal a civil dispute, the criminal proceedings cannot proceed.
Non-payment in commercial transactions does not constitute cheating or criminal breach of trust without establishing fraudulent intent.
The main legal point established in the judgment is the need to carefully consider the allegations of cheating and fraud, particularly in cases involving multiple parties and complex transactions. Th....
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