Petitioner sought quashing of an FIR under Section 482 CrPC for cheating and forgery involving misuse of blank cheques. The court held that the nature of allegations provided sufficient grounds for proceeding and dismissed the petition.
Petition under Section 482 CrPC for quashing of FIR was dismissed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL MISC. PETITION NO. 2861/ 2014
Ramgopal Dinodiya, S/o Shri Duli Chand Dinodiya, aged about 52 years, Resident of 2/98, Vidhyadhar Nagar, Jaipur (Raj.) (Presently posted as Senior Manager, Punjab National Bank, New Delhi)
Versus
For Petitioner : Mr. S.P. Dhanera on behalf of Mr. U.P. Gaur For State : Mr. V.S. Godara-P.P. For Complainant: Mr. Mukesh Saini on behalf of Mr. Harendra Singh
HON'BLE MRS. JUSTICE SABINA
Order
14/02/2017
Petitioner has filed this petition under Section
482 Code of Criminal Procedure, 1973 seeking quashing of the First Information Report No. 191/2013 registered at Police Station Pratap Nagar, Distt. Jaipur (East) (Raj.) for offences under Sections 420, 406, 467, 468 & 471 of Indian Penal Code, 1860.
(2 of 2)
Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case.
Learned State Counsel and respondent No. 2 have opposed the petition.
Learned counsel for the complainant-respondent No. 2 has submitted that the complainant took loan from the bank and by way of security had given two blank signed cheques to the bank. However, petitioner and his co-accused misused two cheques issued by the complainant by way of security. As a result, complainant was cheated to the tune of Rupees thirteen lacs thirty three thousand three hundred eighty & thirty paise. Petitioner was working as Manager of the Bank at the relevant time.
Keeping in view, the nature of allegations levelled against the petitioner, no ground for quashing of the FIR is made out.
Dimissed.
Sudha/20
2 issues framed by the court
Whether the First Information Report registering offences under Sections 420, 406, 467, 468, and 471 IPC should be quashed under Section 482 CrPC.
Whether the material facts on record disclose any ground for quashing the FIR given the nature of allegations involving misuse of cheques.
2 provisions across 2 enactments
Ramgopal Dinodiya
State of Rajasthan Through P.P.
Ramesh Sharma
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
