Ashim Kumar Roy, J. - (1.) THE petitioner, who has been arraigned as an accused in connection with a case relating to the offences punishable under sections 406/420/120B IPC, has approached this court for quashing of the FIR.
(2.) IT is contended by the learned counsel for the petitioner that the allegations made in the petition of complaint, on its face value and without disputing its correctness, no offence can said to be made out, for which the impugned FIR has been registered. It is further contended that the dispute is absolutely civil in nature and the allegations are false and motivatedly made to give a civil dispute a cloak of criminal case. He pointed out that in the petition of complaint, it has been categorically alleged that on the day of the occurrence an amount of Rs. 1.5 crores were obtained from the petitioner by showing the original title deed, although at that time the said title deed was lying mortgaged with a nationalized bank and the allegations are absolutely false. He lastly contended that this a case of clear malafide and, accordingly, the impugned FIR ought to be quashed.
(3.) HEARD the learned counsel for the petitioner. Considered his submission.;