The High Court dismissed a criminal revision to quash an FIR regarding alleged cheating, criminal breach of trust, and forgery. Citing ongoing trial evidence and lack of liquidation of the loan amount, the court refused relief.
The petition is dismissed. No relief is extended to the petitioners.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1807 of 2012
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioners : Mr. Santosh Kumar Jha, Advocate For the State : Mr. Achinto Sen, Advocate For O.P. No.2 : Mr. R.R. Nath, Advocate -----
07/15.03.2023 Heard Mr. Santosh Kumar Jha, learned counsel for the petitioners, Mr. Achinto Sen, learned counsel for the State and Mr. R.R. Nath, learned counsel for opposite party no.2.
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matter and the learned counsel for the petitioners is not having any instruction from the petitioners. Further, evidence is already going on in the learned trial court. In the FIR, there is allegation of not refunding the loan amount of the bank. Hence, no relief can be extended to the petitioners.
(Sanjay Kumar Dwivedi, J.)
Ajay/
2 issues framed by the court
Whether the petition for quashing of the FIR in an alleged cheating and criminal breach of trust case can be allowed given the existence of trial proceedings and lack of refund of loan.
Whether the petition challenging the FIR solely in connection with a banking loan default warranting the grant of relief.
6 provisions across 1 enactments
Sunil Kumar Vishwakarma
Vijay Kumar Gupta @ Vijoy Kumar Gupta
The State of Jharkhand
Parameshwar Sawaiyan
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
