2026:CGHC:1597-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 82 of 2026

1 - Upendra Chandrakar S/o Shri Pannalal Chandrakar, Aged About 56 Years, R/o Near Deepak Kiraya Bhandar, Ashwani Nagar, P.S. Purani Basti, District Raipur, Chhattisgarh ... Petitioner versus

1 - State of Chhattisgarh Through Police Station Purani Basti Raipur, District Raipur, Chhattisgarh

2 - Dikeshwar Sonkar S/o Mohanlal Sonkar, Aged About 30 Years, R/o Village Khurmura, P.S. Amleshwar, Durg, District Durg, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Purnendra Khichariya, Advocate.

For State : Mr. N.K. Jaiswal, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

12-01-2026

1. The present CRMP under Section 528 of BNSS, 2023 has been filed by the petitioner against the impugned order dated 24-09-2025 passed by the learned Judicial Magistrate First Class, Raipur in Criminal MOHAMMED AADIL KHAN Case No.41060/2025 which is the order taking cognizance for the Date: 2026.01.15 offence under Section 420 of the IPC against the petitioner pursuant to the Charge Sheet No.249/2025 arising out of Crime No.3/2025 registered at Police Station Purani Basti, Raipur for the offence under Section 420 of the IPC.

2. The petitioner has made following prayer in the present petition:-

“i. That, the Hon’ble Court may kindly be pleased to allow the instant petition under section 528 of B.N.S.S. 2023 filed by the petitioner.

ii. The Hon’ble Court may kindly be pleased to quash the F.I.R. in crime no. 3/2025 registered as police station Purani Basti Raipur District Raipur on dated 03.01.2025 for the offence committed u/s 420 of I.P.C.

iii. That, the Hon’ble Court may kindly pleased to quash the entire charge sheet filed on dated 18.09.2025 before learned JMFC Raipur District Raipur (C.G.), (in Criminal Case No.41060/2025) for the offence committed under Section 420 of I.P.C.

iv. That, this Hon’ble Court may kindly be pleased to quash / set-

aside the cognizance taken by the Learned Judicial Magistrate First Class Raipur, District Raipur (C.G.) and also set aside / quash the proceeding in Criminal Case No. 41060/2025 dated

24.09.2025.”

3. It is the case of the prosecution that on 03-01-2025 the complainant Dikeshwar Sonkar lodged a report against the petitioner with the allegation that he entered with an agreement with accused to purchase the land of Khasra No.1011 admeasuring area 0.410 hectare and 403 admeasuring are 0.240 hectare situated at village Jamrav, Tahsil Patan, District Durg for total consideration of Rs.51,00,000/- and executed an agreement on 25-10-2021 and gave Rs.2,00,000/- as advance amount. He also paid Rs.5,00,000/- and Rs.3,00,000/- through two cheques and thus, he paid Rs.10,00,000/- out of total sale consideration. The sale deed was to be registered within 8 months. When the petitioner/accused not executed the sale deed the complainant demanded his money back, but he has not refunded it and assured that the land is of government leased land and it will take some time in obtaining permission for execution of sale deed. Thereafter, they cancelled the agreement and the petitioner gave two cheques of Rs.5,00,000/- each, but the same was dishonoured by the payee bank on the ground of insufficient fund in the bank account of the petitioner/accused and thus, he grabbed his Rs.10,00,000/-. The FIR has been registered against the petitioner and after investigation charge sheet has been filed for the offence under Section 420 of the IPC and then the learned trial Court has taken congnizance of the offence.

4. Learned counsel for the petitioner would submit that the entire transaction is purely a civil transaction and with respect to agreement to sell of the land. In lieu of refund of the amount to the complainant the petitioner has handed over two cheques and when the cheques were dishonoured by the bank the complainant can ver