In a challenge to an FIR regarding a non-paid Scorpio loan, the court held that the petition cannot grant quashing. It found that despite the FIR's age, it disclosed a prima facie case for the offence, and dismissing the petition and stay application.
Criminal miscellaneous petition and stay application dismissed; FIR not quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Criminal Miscellaneous Petition No.749/2009
ICICI Bank Limited versus State of Rajasthan & anr 4.1.2013
HON'BLE MR. JUSTICE MN BHANDARI
Mr Pankaj Gupta – for petitioner
Mr Paresh Choudhary, PP – for the State
Mr VS Yadav – for respondent No.2
BY THE COURT:
By this criminal misc. petition, challenge is made to the FIR bearing No.145/2009 registered at Police Station – Bagru, Jaipur.
It is submitted that the four wheeler Scorpio in question was financed by the petitioner bank and instalments of loan amount was not paid. It is only to overcome from the action by the petitioner bank that FIR has been lodged against it.
I have considered the submissions and find that the FIR is now old by more than three years and, otherwise, perusal
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and after going through the contents of the FIR, it cannot be said that a case is not made out for offence under section 379 IPC. The FIR can be quashed by the court if no case is made out on the face of it. The case in hand is not of such nature thus prayer made in the petition cannot be granted.
In view of aforesaid, criminal misc. petition so as the
stay application are dismissed.
(MN BHANDARI), J.
bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW
2 issues framed by the court
Whether the FIR warrants quashing under section 379 IPC as no case is made out.
Whether the omission to pay loan instalments provides a case for criminal liability.
1 provisions across 1 enactments
ICICI Bank Limited
State of Rajasthan
Respondent No.2
MN BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
