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2026:CGHC:15701-DB NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 967 of 2026

Sumit Verma S/o Shatruhan Verma Aged About 32 Years R/o Bherampurkala Chowki Jalbandha District- Khairagarh-Chhuikhadan-

Gandai (C.G.)

... Petitioner(s)

versus

1. State of Chhattisgarh Through Station House Officer Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.)

2. Mahendra Deshmukh S/o Videshi Ram Deshmukh Aged About 47 Years R/o Ward No. 20, Rashim Devi Colony, P.S.- Khairagarh,

District- Khairagarh-Chhuikhadan-Gandai (C.G.)

...Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Mr. Sanjay Agrawal, Advocate.

For Respondent/State : Mr. Nitansh Jaiswal, Deputy Government Advocate.

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

Order on Board

Per Ramesh Sinha , Chief Justice

07 .04.2026

1. Heard Mr. Sanjay Agrawal, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Deputy Government Advocate,

Digitally signed by BRIJMOHAN BRIJMOHANMORLE MORLE Date:

2026.04.07

1 + 7 0 : 5 4 3 5 0 :18 appearing for the State/respondent No. 1.

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

following prayers:

“i. This Hon’ble Court may kindly be pleased to quash/set-aside the impugned First Information Report (FIR) No. 390 of 2023 registered at Police Station Khairagarh, District Khairagarh-Chhuikhadan- Gandal (C.G.) for offences under Section 419 and 420

of the Indian Penal Code, in the interest of justice.

ii. This Hon’ble Court may kindly be pleased to quash/set-aside the entire charge-sheet No. 359 of 2023 filed on 22.10.2023 for offences under Section 419 and 420 of the Indian Penal Code, in the interest

of justice.

iii. This Hon’ble Court may kindly be pleased to quash/set-aside the order taking cognizance dated 27.10.2023 by the Chief Judicial Magistrate

Khairagarh Civil, District Rajnandgaon (C.G.).

iv. This Hon’ble Court may kindly be pleased to quash/set-aside the entire criminal proceedings of the criminal Case No. 932 of 2025, (State of C.G. vs. Sumit Verma pending before the Chief Judicial Magistrate Khairagarh Civil, District Rajnandgaon

(C.G.), in the interest of justice.”

3. Learned counsel for the petitioner submits that as per the

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prosecution case, a written complaint was lodged by the complainant Mahendra Deshmukh before Police Station Khairagarh on 02.09.2023 alleging that the petitioner, being a grain merchant, had entered into a transaction for purchase of gram (chana) collected by the complainant and his relatives. It is alleged that the parties agreed at the rate of Rs.5,000/- per quintal and about 32 tons of gram was transported through various trucks on 11.05.2022, for which an advance amount of Rs. 5,25,000/- was paid, with an assurance to pay the remaining

amount within 20–25 days.

4. Learned counsel for the petitioner further submits that the dispute arises out of a commercial transaction and there was no dishonest intention at the inception. It is contended that in the statement recorded under Section 161 of the Cr.P.C., the complainant himself admitted that the petitioner had issued three cheques on 10.06.2023, which were dishonoured on 02.08.2023 due to the account being blocked. However, this material fact has been deliberately omitted in the FIR, which was lodged after a considerable delay, thereby reflecting malafide intention. He would submit that even if the entire allegations are taken at their face value, the same would at best constitute a civil dispute relating to non-payment of consideration and do not disclose the essential ingredients of offences under Sections 419 and 420 of the IPC, as there is no element of fraudulent or dishonest inducement from the very beginning. It is further submitted that the complainant has already initiated proceedings under Section 138 of the Negotiable Instruments

Act, which also indicates the civil nature of the dispute.

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5. Learned counsel for the petitioner furt