Allegations involving criminality, such as fraud and forgery, cannot be quashed as mere civil disputes, emphasizing the distinction between civil and criminal matters.

ORDER

This application, under Section 482 of CrPC, has been filed for quashment of FIR in Crime No.630 of 2022 registered at Police Station Morar, District Gwalior (M.P.), for offence under Section 420 of IPC and consequential proceedings.

2. It is submitted by counsel for applicant that complainant lodged an FIR alleging that applicant is the proprietor of Gauri Construction Company and it is alleged that applicant as well as General Manager Mahendra Singh Rajpurohit and partner Sher Ram Choudhary have cheated the complainant by misappropriating an amount of ₹4 crores. It is the case of the complainant that he was working in JPC Construction and Telecom Company, whereas applicant is the proprietor of M/s Gauri Construction Company. Gauri Construction Company is a registered firm and is engaged in the construction of dams, canals, and takes construction orders from government departments. Applicant as well as the General Manager and another partner of Gauri Construction Company, assured the complainant that since their company is working on a national level for construction of dams and canals and is also earning handsomely, therefore, if the complainant invests his money, then the accused party would return double of the amount after one year. At that time, Gauri Construction Company was carrying out the construction of a dam near Rajakheda, Dhaulpur. The complainant invested ₹8 lakhs, and after one year, double of the said amount was returned by Gauri Construction Company. Thereafter, applicant, the General Manager, and another partner of the company started visiting the complainant frequently. In the month of January 2017, they contacted the complainant at Gwalior and informed him that a work order has been issued for the renovation and restoration of Dharia Irrigation Project and Tilkari Tank Project Kesari Sagar. The work order was also shown to the complainant and it was assured that 25% of the total profit would be paid from the project of Tilkari and 16.05% of the profit would be paid from the Dharia Irrigation Project, and accordingly, the complainant was persuaded to invest. Accordingly, complainant transferred ₹82,05,000/- by RTGS and ₹3 lakhs in the account of M/s Gauri Construction Company. Thereafter, an amount of ₹2,70,000/- was deposited in the personal account of applicant and an amount of ₹62,25,000/- were paid in cash in the office of the complainant. Thus, it was pleaded that applicant, the General Manager, and another partner had taken ₹1 crore 50 lakhs from the complainant by giving assurance that the profit would be shared. In the year 2021, when complainant demanded money back from applicant, he was summoned in Jaipur. On 24/11/2021, applicant accepted that they were liable to pay ₹4 crores to the complainant and also assured him that the amount shall be paid. However, in spite of repeated reminders, the amount was not paid. Later on, the complainant enquired from the Dharia Irrigation Project and came to know that no work order was ever issued to Gauri Construction Company for carrying out the renovation work in Dharia Irrigation Project, and applicant and other co-accused persons had shown forged work orders. Thus, it was pleaded that on the basis of forged work orders, the complainant was persuaded to deposit the amount.

3. Challenging the FIR lodged by complainant, it is submitted by counsel for applicant that even if the entire allegations are accepted on their face value, it is clear that it is a pure case of a commercial transaction and the complainant has tried to convert it into a criminal case. Learned counsel relied upon the judgment passed by the Supreme Court in the case of Radheyshyam and others v. State of Rajasthan and another decided on 22.07.2024 in Criminal Appeal No.3020 of 2024 to contend that civil disputes should not be permitted to be converted into criminal litigation.

4. Heard learned counsel for applicant.

5. If the entire allegations made in the FIR are considered, then it is clear