Dismissed

Pawan Kumawat S/O Kalu Ram Kumawat v. State of Rajasthan

Rajasthan HC15 Sept 2021CRLMP/767/2021

Case brief

AI extract

What is this about?

This order dismisses a petition under Section 482 Cr.P.C seeking quashing of an FIR for cheque bounce and cheating. The petitioner argued that the FIR was lodged to pressurize him. The court held that the contents of the FIR constitute cognizable offences and no case is made out for quashing. It relied on the Supreme Court verdict in M/s. Neeharika Infrastructure to reject the petition.

What did the court decide?

The petition seeking quashing of the FIR is dismissed.

Pawan Kumawat S/O Kalu Ram Kumawat Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 767/2021

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Pawan Kumawat S/o Kalu Ram Kumawat, R/o Patwari Ki Dhani, Post Niwana, Tehsil Chomu, District Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Learned Public Prosecutor

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Manish S/o Hanta Ram, R/o Village Dhani Panwali, Kansarda, Reengus, District Sikar.

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----Respondents

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For Petitioner(s) : Mr. Amit Jindal For Respondent(s) : Mr. Arpan Kumar Sharma Mr. Ganesh Saini, PP

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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15/09/2021

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This petition has been filed under Section 482 Cr.P.C for quashing of FIR No.06/2021 registered at Police Station Reengus, District Sikar for the offences under Sections 420, 406, 506 and 120-B IPC.

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Heard learned counsel for both the sides and perused the material made available on record.

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Learned counsel for the petitioner submits that this is a matter of dishonor of cheque, in which this FIR for the offences under Sections 420, 406, 506 & 120-B IPC has been lodged only to pressurize the petitioner. The cheque was not given to the complainant but to Mr. Ravindra Choudhary, the relative of the complainant, which has been misused by the complainant. Despite

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(2 of 2)

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[CRLMP-767/2021]

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the legal notice, the present FIR has been lodged. This is a clear case of abuse of process, therefore the FIR deserves to be quashed.

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Learned Public Prosecutor and learned counsel for the complainant have submitted that the present petitioner and others have cheated the complainant and others and grabbed lakhs of rupees by misrepresenting them that they shall help the candidates in their selection in BSF.

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Learned Public Prosecutor further submits that after investigation offences under Sections 406, 420 & 120-B IPC have been found to be made out against the petitioner- Pawan Kumawat and others. The petitioner has not joined the investigation, therefore the petition deserves to be dismissed. 6. Having heard learned counsel for both the sides and on perusal of the material made available on record this Court finds that the contents of the FIR do constitute commission of cognizable offences and as per status report of investigation offences under Section 406, 420 and 120-B IPC have been made out against the present petitioner and others. The petitioner has not joined the investigation, therefore, in view of the recent verdict of the Hon’ble Supreme Court in M/s. Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra [(2021)

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SCC Online SC 315], no case is made out for quashing of FIR. Accordingly, the petition is dismissed.

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(SATISH KUMAR SHARMA),J

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Simple Kumawat /05

Pawan Kumawat S/O Kalu Ram Kumawat v. State of Rajasthan

Case brief

What is this about?

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Pawan Kumawat S/O Kalu Ram Kumawat v. State of Rajasthan

Case brief

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