Dismissed

Nishant Heda v. State of Rajasthan and Anr.

Rajasthan HC12 Jul 2017CRLMP/1197/2016

Case brief

AI extract

What is this about?

High Court of Rajasthan bench at Jaipur disposed of a criminal miscellaneous petition seeking quashing of an FIR involving cheating and money circulation offenses. The court rejected the plea that compromise with the main accused and their conviction warranted quashing the petitioner's charges, holding no grounds for quashing exist.

What did the court decide?

FIR No.50/2012 regarding offenses under IPC and Prize Chit Act is not quashed; petition dismissed.

Nishant Heda Vs State of Rajasthan and Anr. — Cheque Dishonour | Rajasthan HC (2017)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. CR. MISC. PETITION NO. 1197/2016.

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Nishant Heda Son of Shri Rameshwar Lal Heda, aged about 28 years, Resident of A-385, Vijay Singh, Pathik Nagar, Bhilwara, Police Station Subhash Nagar, Bhilwara (Raj.)

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Versus

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State of Rajasthan Through P.P.

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Smt. Teeju Devi Wife of Shri Mohan Lal, by caste Jat, aged 52 years, Resident of Plot No. 210, Janak Nagar, Hanuman Nagar Vistar, P.S. Vaishali Nagar, Jaipur (Raj.).

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For Petitioner(s) : Shri R.K. Sharma

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For State : Ms. Meenakshi Pareek .P.P.

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HON'BLE MRS. JUSTICE SABINA

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Order

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12/7/2017

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Petitioner has filed this petition under Section 482 Code of Criminal Procedure 1973 seeking quashing of the FIR No.50/2012 registered at Police Station Vaishali Nagar, Jaipur City South for offence under Section 420, 406 Indian Penal Code 1860 and Section 3, 4, 5, 6 of Prize Chit and Money Circulation Schemes (Banning) Act, 1978.

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Learned counsel for the petitioner has submitted that challan was presented against the co-accused Rameshwar Lal Heda. Complainant effected a compromise with the said accused. Since the parties had amicably settled their

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dispute and the complainant has received her amount, FIR qua the petitioner is liable to be quashed.

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Learned State Counsel has opposed the petition and has submitted that challan against the petitioner was submitted under Section 299 Cr.P.C.

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It was the prosecution case that the accused who were running a Chit Fund Company had misappropriated the amount invested with the accused.

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In the present case, Rameshwar Lal Heda, who had faced the trial was convicted and sentenced by the trial court vide judgment/order dated 10.4.2015. So far as the petitioner is concerned, investigation qua him was kept pending at the time of presentation of challan against co-accused Rameshwar Lal Heda. Later challan was presented against the petitioner under Section 299 Cr.P.C.

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In the facts and circumstances of the present case no ground for quashing of the FIR is made out.

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Dismissed.

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(SABINA)J.

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Mrg.

Nishant Heda v. State of Rajasthan and Anr.

Case brief

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Nishant Heda v. State of Rajasthan and Anr.

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