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2026:CGHC:15702-DB NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 970 of 2026

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

Gandai (C.G.)

... Applicant(s)

versus

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

2. Pradeep Verma S/o Motilal Verma Aged About 34 Years R/o Gram Parsuli Op Jalbandha P.S. Khairagarh District- Khairagarh-

Chhuikhadan-Gandai (C.G.)

...Respondent(s)

(Cause-title taken from Case Information System)

For Applicant : 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 Digitally 1. Heard Mr. Sanjay Agrawal, learned counsel for the applicant. Also

signed by BRIJMOHAN BRIJMOHANMORLE MORLE Date:

2026.04.07 17:45:18 +0530 heard Mr. Nitansh Jaiswal, learned Deputy Government Advocate,

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appearing for the State/respondent No. 1.

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

following prayers:

“i. This Hon’ble Court may kindly be pleased to quash/set-aside the impugned First Information Report (FIR) No. 391 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. 355 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. 933 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 applicant submits that as per the prosecution case, a written complaint was lodged by the complainant namely Pradeep Verma before Police Station Khairagarh on 03.09.2023 alleging that the present applicant is a grain merchant engaged in purchasing grains from farmers and small traders and selling the same

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in the market. It is alleged that the complainant had sold paddy to the applicant for a total consideration of Rs. 46,00,000/-, out of which an amount of Rs. 37,80,000/- was paid. For the remaining amount of Rs. 8,20,000/-, the applicant issued a cheque dated 19.07.2023 bearing No. 002504 drawn on IDBI Bank, Khairagarh, which was subsequently dishonoured. It is further submitted that agreements were executed between the parties from time to time regarding payment of the

outstanding amount, and thereafter the FIR came to be registered.

4. Learned counsel for the applicant submits that a perusal of the FIR and the statement recorded under Section 161 of the Cr.P.C. reveals material inconsistencies. It is contended that the complainant himself admitted that he had earlier made a complaint on 26.08.2022 before Police Station Khairagarh, wherein time was granted to the applicant and an agreement was executed for payment of the remaining amount within one and a half months. It is further submitted that on 19.06.2023, another agreement was executed and the aforesaid cheque of Rs. 8,20,000/- was issued. However, the fact of dishonour of the cheque has not been mentioned in the FIR, which reflects malafide

conduct on the part of the complainant.

5. Learned counsel further submits that the dispute between the parties arises out of a commercial transaction and there was no dishonest intention on the part of the applicant at the inception. It is contended that even if the entir