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Judgment
This Petition has been filed under Section 482 of Cr.P.C. for quashing of criminal proceedings in Criminal Case No. 14156/2015 passed by the JMFC, Raipur.
Case of the prosecution is that Respondent No.2 lodged FIR against the Petitioner alleging that he has taken loan of Rs.10 lacs from the Petitioner and also repaid an amount of Rs.27,30,000/- but even thereafter, the Petitioner has been continuously harassing and blackmailing him by not returning the cheque given to him. It has been further alleged that the Petitioner has given loan to several other members without having any license of money lending and therefore, offence under Section 384 IPC and Section 4 of Chhattisgarh Protection of Debtors Act, 1937 has been registered at PS. Modhapara vide FIR No.106/2015 against him and after completion of investigation, charge sheet has been filed.
Shri Thakur, learned Counsel for the Petitioner submits that Complainant had lodged the FIR with an ulterior motive as the Petitioner has filed a complaint case for dishonour of cheque under Section 138 of the Negotiable Instruments Act in the year 2013 against the Complainant and FIR has been registered on 06.07.2015, therefore, continuation of criminal proceedings amounts to abuse of process of law and prays to quash the impugned FIR, which was lodged belatedly and the subsequent criminal proceedings thereof.
Per contra, learned Counsel for the Respondents opposed the prayer and submit that sufficient ingredients are available on record, therefore, this is not a fit case to quash the criminal proceedings.
I have heard learned counsel for the parties and perused the documents annexed herewith carefully.
In view of the submissions made, considering the parameters laid down in the matter of Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in 2021 SCC OnLine SC 315 wherein, it has been held that the police has the statutory right and duty under the relevant provisions of the Code of Criminal Procedure contained in Chapter XIV of the Code to investigate into a cognizable offence and while examining FIR/complaint, quashing of which is sought, the court cannot embark upon an enquiry as to the reliability of genuineness or otherwise of the allegations made in the FIR/complaint and also considering the allegations levelled against the Petitioner as there are sufficient ingredients available on record to prove the same, this Court does not find any valid ground to quash the said FIR and the subsequent criminal proceedings.
Accordingly, the Petition being bereft of any merits is hereby dismissed.