The court ruled that the allegations of cheating and breach of trust were sufficient to maintain the FIR, emphasizing that quashing petitions require a prima facie lack of merit.

Per Ramesh Sinha, Chief Justice

08/09/2025

1. Heard Mr. Ravindra Sharma learned counsel for the petitioner. Also heard Mr. Saqib Ahmed learned Panel Lawyer, appearing for respondent No. 1/State.

2. The present petition has been filed by the petitioner with the following prayers:

“It is therefore prayed that this Hon’ble Court may kindly be pleased to allow the Criminal Miscellaneous Petition and may kindly be pleased to quash the First Information Report No. 528/2025 registered at P.S. Civil Lines, distt. Bilaspur (C.G.) on 09/05/2025 for the offence punishable U/s 420 of the IPC , charge- sheet No. 497/2025 dated 08/06/2025 filed for the offence U/s 318 (4) of B.N.S (420 of the IPC ) and the order of taking cognizance dated 16/06/2025 in Criminal Case No. 20955/2025 pending before learned Chief Judicial Magistrate, Bilaspur, Distt. Bilaspur (C.G.) in the interest of justice.”

3. The brief facts of the case are that the petitioner/accused, an Engineer in the Railway Department, was on cordial terms with the complainant (respondent No. 2) and in October 2019 allegedly assured him of securing employment for his wife in the Railway Department by using his contacts with higher officials, for which he demanded a one-time payment of ₹10,00,000/- and also asked the respondent No.2 to arrange relevant documents. It is alleged that in July 2022, the petitioner informed that an interview for the post of Clerk was scheduled in August 2022 and, acting on this assurance, the complainant arranged the said amount from his father and handed it over in cash at his brother’s shop in the presence of witnesses, but no interview was conducted and later, in March 2023, the petitioner informed that the recruitment process had been cancelled, thereafter on demand for refund, the petitioner lingered for a year and ultimately issued a cheque of ₹5,00,000/- promising to return the balance in cash, however the cheque was dishonored on presentation and despite repeated requests the amount was not repaid, whereupon the complainant first lodged a written complaint before police officials but no action was taken, leading him to move an application under Section 175(3) B.N.S.S. before the Chief Judicial Magistrate, Bilaspur, which was allowed and consequently FIR No. 528/2025 at P.S. Civil Lines was registered, investigation was conducted and charge sheet No. 497/2025 under Section 318(4) B.N.S. was filed, on which basis the trial court took cognizance and registered Criminal Case No. 20995/2025, presently pending for arguments before charge, while the petitioner has been released on bail having cooperated throughout the investigation.

4. Learned counsel for the petitioner would submit that the petitioner has not committed any offence and has been falsely implicated by the complainant/respondent No. 2. There is no material on record to show that the complainant ever paid a sum of ₹10,00,000/- to the petitioner for securing employment for his wife in the Railway Department. On the contrary, the transaction between the parties was purely a loan transaction of ₹5,00,000/-, for which the petitioner had issued a cheque of the same amount. The said cheque has been misused by the complainant to lodge the present FIR with the sole intention of falsely implicating the petitioner. It is further submitted that no complaint has been filed under the Negotiable Instruments Act, and the FIR itself has been lodged after an unexplained delay of more than five years, which prima facie reflects mala fide intention on the part of the complainant to extort money from the petition