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2023 DIGILAW 1192 (RAJ)

Radheyshyam v. State Of Rajasthan

2023-05-26

CHANDRA KUMAR SONGARA

body2023
ORDER : Chandra Kumar Songara, J. Learned counsel for the petitioners submits that from the bare perusal of the FIR, it is apparently clear that no offence is made out by the petitioner and the matter pertains to pure commercial business transactions. Counsel further submits that the present case is absolutely of civil nature and no offence is made out against the petitioner. Hence, the petition may kindly be granted and the FIR No.103/2017 may kindly be quashed. 2. During the course of argument, learned counsel for the petitioners has submitted the photocopied document dated 23.02.2017 with regard to alleged transaction, which is taken on record. 3. Learned Public Prosecutor and learned counsel for the complainant both have strongly opposed the petition. 4. During the course of argument, learned Public Prosecutor has submitted the factual report dated 18.11.2022, which is taken on record. 5. Heard. 6. As per factual report, during investigation, the offences under Sections 420 & 406 have been found against the petitioner No.2-Harphool Singh and it is further observed in aforesaid FIR which reads as under:- "In the present matter, it is found from the FSL report, received from Jaipur that signature of accused-Harphool Singh on the deed extended between complainant-Mr. Ashok Kumar in respect of paying the debt in full and the signature sent to Jaipur for FSL examination, are found same. After complete investigation, offences punishable under Sections 420 & 406 of IPC have been found against the accused-Harphool Singh s/o Govind Singh, aged 38 years, r/o Gudliya, P.S. Govindgarh, Distt. Jaipur." 7. So far, the petitioner Nos. 1 & 3 namely, Radheyshyam & Govind Singh are concerned, during investigation, no offences have been found against them,