[2026:RJ-JD:17491]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous (Petition) No. 736/2025 Mangesh Ulhasrao Zambre S/o Sh. Ulhasrao Martandrao Zambre, Aged About 40 Years, R/o Khadki Takali, Post Sukoda, Taluka- Akota, District Akola (Maharashtra) Presently Working As Director Varhad Grains Agriculture Producer Company Ltd. Agar, Tehsil And District Akola (Maharashtra)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Rakesh Joshi S/o Sh. Jagdish Prasad Joshi, R/o Parbatnagar Thermal Colony, Suratgarh, District Sri Ganganagar.

----Respondents For Petitioner(s) : Mr. CS Rathore, Adv.

For Respondent No.1 : Mr. Vikram Singh Rajpurohit, PP For Respondent No.2 : Mr. Pankaj Kumar Gupta, Adv.

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

15/04/2026

1. This Criminal Misc. Petition under Section 528 of the BNSS has been preferred on behalf of the accused petitioner with the prayer to quash the FIR No.309/2024, registered at Police Station Rajiasar, District Sriganganagar for offences punishable under Sections 420, 406 and 120B of the IPC and all consequential proceedings arising out of it.

2. Brief facts in nutshell are that the complainant-respondent No.2, employed as a Manager with Maa Parvati Transport Company, which is engaged in the business of transportation of goods, filed a complaint under Section 175(4) of the BNSS before the Judicial Magistrate, Suratgarh, District Sriganganagar, alleging inter alia that in the year 2019, he came into contact with the accused-petitioner, who is working as a Manager in Varhad Grains Agriculture Producer Company Ltd. along with co-accused Jitesh Nalak. An agreement dated 19.11.2019 was executed between the complainant's company and petitioner's company for the transportation of gypsum @ Rs. 2,750/- per ton. In pursuance of the said agreement, the complainant’s company transported a total of 804 tons of gypsum during the period from 12.11.2019 to 06.12.2019, amounting to Rs. 22,11,000/-. Out of the said amount, a sum of Rs. 5,00,000/- was paid on 20.11.2019 while the remaining amount of Rs. 17,11,000/- remained outstanding. The complainant kept on demanding the outstanding amount but but the accused did not make the payment on one pretext or the other and always gave false assurances and lastly, refused to pay the outstanding amount. It was thus, alleged that the accused persons had dishonestly induced the complainant and thereby committed offences of cheating and criminal breach of trust. Upon consideration of the complaint, the learned trial Court sent the complaint to Police Station Rajiasar, District Sriganganagar for investigation, pursuant to which FIR No.309/2024 came to be registered against the accused-petitioner and co-accused Jitesh Nalak for offences punishable under Sections 420, 406 and 120B of the IPC.

3. Learned counsel for the petitioner contends that the impugned FIR is based upon false and fabricated facts. He submits that essentially, there is a civil dispute between the parties arising out of business transactions. However, in order to create pressure and take undue advantage in such dispute, the respondent/complainant has intentionally given it a colour of criminal conspiracy and thus, the impugned FIR is nothing but an abuse of process of law. Counsel submits that both petitioner and complainant are engaged in the business of transportation of agricultural goods. In the year 2019, an agreement was executed between the parties for transportation of gypsum @ Rs. 2,750/- per ton. It is further submitted that, in pursuance of the said agreement, 804 tons of gypsum, amounting to Rs. 22,11,000/- were transported by the complainant to the petitioner’s company, out of which a sum of Rs. 5,00,000/- was paid by the petitioner’s company. Counsel submits that thereafter, certain disputes arose between the parties with regard to payment of the remaining amount of Rs. 17,11,000/- and in order to settle the said dispute, the complainant/respondent has filed the