NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 314 of 2023 Alok Mishra S/o Shivpal Mishra Aged About 51 Years R/o Gandhi Mandir- Ward Bhatapara, Police Station - Bhatapara, District : Balodabazar-

Bhathapara, Chhattisgarh.

---- Petitioner Versus

1. State of Chhattisgarh Through The Station House OfÏcer, Police Station – Bhatapara City, District – Balodabazar-Bhatapara, Chhattisgarh.

2. Ajit Vajpayee S/o Late Dinesh Chand Vajpayee, Aged About 48 Years R/o Station Ward Bhatapara, District : Balodabazar-Bhatapara, Chhattisgarh.

---- Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Hariom Roy, Advocate on behalf of Mr. Sachin Nidhi, Advocate.

For Respondents/State : Mr. Sangharsh Pandey, Government Advocate.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

05.03.2024

1. Heard Mr. Hariom Roy, Advocate on behalf of Mr. Sachin Nidhi, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for respondents/

State.

2. The petitioner has filed this petition with the following prayer:

“ (A) It is therefore prayed that this Hon’ble Court may kindly be pleased to allow this petition and quash the F.I.R. no. 257/2018 dated 17.09.2018, charge-sheet no. 164/2019 dated 28.05.2019 and whole criminal proceeding pending against the present petitioner in which the petitioner has been falsely implicated U/s - 420, 294, 506 of I.P.C., in Criminal Case no.

352/2019, in the interest of justice.

(B) Any other relief/ order may also be granted that may be deemed fit and just in the facts and circumstances of the case.”

3. The prosecution story in short is that the agreement has been executed between the petitioner & complainant regarding the sale of residential plot in front of Gurukul School near Bhulao Ram Bada having admeasuring area of 2000 Square Foot land @ Rs.600 per Square Meter. After that the advance of Rs.9,23,000 has been paid to the petitioner by the complainant regarding the sale consideration through seven cheques of IDBI Bank having Cheque Nos. 047033, 047035, 047036, 047037, 0949774, 094975 and 094978 of dated 06.09.2016, 25.10.2016, 26.10.2016, 07.11.2016, 31.03.2017, 04.04.2017 and 04.04.2017 respectively. As per version of the complainant, the complainant has approached the petitioner on various occasions for the registration of sale deed in favour of complainant/Respondent No.02 but no action has been taken by the present petitioner. After that the complainant has went to the house of the petitioner along with Janturam Dhruv for the returning of the amount but the petitioner has denied for the same by using the abusive & filthy language, thereafter to take the complainant on confidence, the petitioner has issued three cheques having cheque Nos. 101934, 078673 and 339624 in the name of the complainant, which has been dishonored. On the basis of aforesaid complaint of the Complainant, offence U/s 420, 294 and 506 of I.P.C. has been registered against the present petitioner.

4. It has been argued by the learned counsel for the petitioner that it is apparent from the face of record that the false F.I.R. has been lodged against the Present Petitioner because the complainant has given the cheques of Rs.9,23,000 for the sale consideration of the land and before giving any huge amount no agreement has been executed between the parties. It is also submitted that the F.I.R. has been lodged on the basis of Xerox copies of cheques and no seizure of original cheque has been done from the present petitioner. It is submitted that from the statement of the witnesses that all of them has stated against the petitioner and nobody has stated anything about the complaint made by the complainant. It is further submitted that Section 161 of the Cr.P.C. statement of the witnesses itself shows that all of having separate grievance from the present petitioner but all of them having no evidence regarding their statement. It is further submitted that the complainant himself is a hab