Although it has been contended that even if the whole allegations of complainant are taken to be true, then also no case is made out against the petitioner and that the dispute, if any, is purely of civil nature and calls for no criminal consequences, but a bare perusal of the impugned complaint prima facie shows that the intention of the petitioner was dishonest right from the beginning to cheat the complainant. Even otherwise, the petitioner is not disputing the receipt of Rs.71 lacs from the complainant. The petitioner cannot derive any benefit from letter dated 17.8.2004 (Annexure P-3) because the authenticity of the same has yet to be ascertained. Moreover, the said permission for change of land user was granted for a period of one year in response to an application filed by Keshar Bhai Braje Singh in respect of the land situated in village Bichholi Mardana, City Indore that too subject to fulfilling of some conditions. But there is no follow up of this letter showing that the project was approved or not by the authorities concerned, since the transactions were relating to the year 2006 i.e. after the expiry of one year of the issuance of letter Annexure P-3.. There is no dispute that no hard and fast rule can be laid down to the cases in which the High Court can exercise its jurisdiction of quashing of the criminal proceedings, but the same has to be exercised sparingly, carefully and with great caution and has only to be exercised in rarest and exceptional cases, which is lacking in this case.
