2025:CGHC:44502-DB NAFR ROHIT HIGH COURT OF CHHATTISGARH AT BILASPUR KUMAR CHANDRA Digitally signed CRMP No. 2729 of 2025 by ROHIT KUMAR CHANDRA

1 - Deepak Claudius S/o Late C.S. Claudius, aged about 64 years R/o Sector 09, Quarter No.04/B, Police Station Bhilai Nagar Bhilai District-

Durg Chhattisgarh

2 - Pratibha Chhaya Claudius W/o Deepak Claudius, aged about 64 years R/o Sector 09, Road Number 29, Quarter No.04/B, Police Station Bhilai Nagar, Bhilai, District- Durg, Chhattisgarh --- Petitioners versus

1 - State of Chhattisgarh, Through The SHO, Police Station Bhilai Nagar, Durg Chhattisgarh

2 - Vivek Tiwari S/o Late Shesh Narayan Tiwari, aged about 57 years R/o 07/A/43, Sector 07, Bhilai Tehsil and District- Durg, Chhattisgarh

3 - Bhagwati Tiwari W/o Late Shesh Narayan Tiwari, aged about 79 years R/o- 7/A/43 Sector-07, Bhilai, Tehsil and District- Durg, Chhattisgarh --- Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Samdarsh Nirankari, Advocate For Respondent No.1/State : Mr. Hariom Rai, Panel Lawyer For Respondent Nos. 2 & 3 : Mr. Vipin Tiwari, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

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1. Heard Mr. Samdarsh Nirankari, learned counsel for the petitioners. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent No.1 and Mr. Vipin Tiwari, learned counsel, appearing for respondent Nos. 2 & 3.

2. The present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners with the following prayer :

“i. That, the entire records pertaining to the present case may kindly be called for the perusal of this Hon'ble Court ii. That, this Hon'ble Court may kindly be pleased to quash the order, dated 02.03.2024, upon the application under 156(3) of Cr.P.C. filed by the respondent nos. 2 & 3, directing the respondent no. 1 to register F.I.R. against the present petitioners, passed in MJC Cri./3616/2024 (Filing No.).

iii. That, this Hon'ble Court may be kindly pleased to quash the F.I.R. bearing crime no. 134/2024, registered at Police Station Bhilai Nagar, District Durg, on 08.03.2024, u/s 420 & 34 of the I.P.C.

iv. That, this Hon'ble Court may be kindly pleased to quash the chargesheet no. 116/24, submitted on 19.06.2024, by the Bhilai Nagar Police, in relation to crime no. 134/2024.

v. That, this Hon'ble Court may be pleased to quash the order taking cognizance passed by the learned J.M.F.C., Durg, Chhattisgarh, dated 14.08.2024, in relation with crime no. 134/2024, and also the subsequent entire criminal proceedings pending before him in R.C.C./14014/2024.

vi. Any other relief which this Hon'ble Court may deem fit in the interests of Justice, may be awarded.”

3. Factual matrix of the case is that the respondent Nos. 2 & 3 have filed a compliant under Section 156(3) of CrPC dated 19.03.2023 before the learned Judicial Magistrate First Class, Durg, alleging that respondent No. 3, Bhagwati Tiwari, had lent Rs. 8,00,000/- (Rupees Eight Lakh Only) to the petitioners on 04.04.2014 and the respondent No.2, Vivek Tiwari, had lent Rs.10,00,000/- (Rupees Ten Lakh Only) to the petitioners on 15.10.2015. This money was taken as a loan by the petitioners to facilitate medical education of their daughter Ananya Claudius, abroad, and was promised that the money will be returned within one year. It was alleged that after asking for their money back after a period of one year, the petitioners gave them three cheques, the first one numbered 074653, dated 02.03.2020, for Rupees Three Lakh only, in favour of Vivek Tiwari, the second one numbered 023242, dated 02.03.2020, for Rupees Nine Lakh Ninety Five Thousand only, in favour of Vivek tiwari, and the third one numbered 023296, dated 02.03.2020, for Rupees Nine Lakh Ninety Five Thousand only, in favour of Bhagwati Tiwari and upon the said cheques being presented before the bank on 02.03.2020, they were disho