The court can exercise inherent powers under section 482 of Cr.P.C. to quash FIR if the allegations do not prima facie constitute any offence or make out a case against the accused.

JUDGMENT

Rajendra Kumar Srivastava, J. - The present application has been filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") seeking quashment of First Information Report (hereinafter referred to as the "FIR") in respect of Crime No.270/18 registered at P.S. Kotwali, Jabalpur, on the basis of complaint made by the respondent No.2, in respect of offences punishable under Sections 420, 406 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC").

2. As per the case of the prosecution, as reflected from the FIR, a complaint was made by the respondent No.2 stating that he runs a shop under the name of 'Archana Garment' for manufacturing and selling of salwar and fancy salwar suits. In the year 2015-16, the applicant and Late Shri Gyanchand Bafna came to his shop and started doing business with him on cash basis; due to this, the respondent No.2 started trusting them. Thereafter, both of them started taking goods on credited and also made payment in respect of the same. However, it was told by them that payment in respect of salwar suits worth Rs. 13,86,188, being purchased after 15.11.17, would be made in March 2018. But, payment was not made in cash and instead of same, eight cheques were issued against the bank account in the name of M/s Sunita Fashion, maintained with Bandhan Bank Erode Tamil Nadu. However, when the aforesaid eight cheques were presented in the bank for encashment, they were bounced due to insufficient funds in the said bank account. It was further stated by the respondent No.2 that the applicant and Late Shri GyanchandBafnahas not paid an amount of Rs. 13,86,188 to him and an amount of Rs. 60,98,806 to his fellow businessmen. Therefore, payment in respect of a total amount of Rs. 74,84,994 has not been made by them to him and his fellow businessmen. It was further stated that despite knowing that there is sufficient amount in the bank account, the applicant and Late Shri Gyanchand Bafna provided cheques to the respondent No.2 and his fellow businessmen with the objective of acquiring wrongful gain. On the basis of aforesaid complaint, preliminary inquiry was done by the concerned police officials and on finding prima facie case, FIR in respect of Crime No. 270/19 was registered against the Petitioner and Late Shri Gyanchand Bafnain respect of offences punishable under sections 420, 406 and 34 of the IPC.

3. On behalf of the applicant, it has been contended that no criminal case of cheating is made out against the applicant. Further, even the demand notice (Annexure A/2) given by the respondent No.2 shows that the present case pertains to dishonor of cheque though no proceedings in respect of the same have been initiated. It has further been contended by the applicant that his father, Late Shri Gyanchand Bafna, has committed suicide by jumping in front of train at Mumbai due to pressure by one Amritlal Purohit. In respect of the same, an FIR has been registered against Amirtlal Purohit at Police Station Vashi, in respect of Crime No. 1970/18 in respect of offences punishable under sections 306 and 34 of the IPC. In support of his submissions, the applicant has placed reliance on decisions given in Vir Prakash Sharma vs. Anil Kumar Agarwal &Anr, (2007) 7 SCC 373 , Binod Kumar &Ors. vs. State of Bihar &Anr., (2014) 10 SCC 663 , Inder Mohan Goswami &Anr. Vs. State of Uttaranchal &Ors., (2007) 12 SCC 1 and Hemant Kumar Das &Anr vs. State of Bihar&Anr, Criminal Miscellaneous No. 905/2018 (Patna High Court).

4. Per contra, the learned counsel for the State has opposed the prayer made by the petitioner, on the ground that this is not a fit case in which inherent power under section 482 of Cr.P.C. can be exercised. The State/Respondent has relied upon the decision in Sazid Khan vs. State of Haryana,2018 SCCOnLineP&H 1733 .

5. On behalf of the respondent No.2, a reply has been filed wherein it has been stated that the applicant and Late Shri Gyan