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TMI Blog2020 (11) TMI 882X X X X Extracts X X X X X X X X Extracts X X X X ..... endra Narayan Singh, learned counsel for the petitioner and Sri Gambhir Singh, learned AGA. Petitioner has filed this petition seeking issuance of appropriate writ, order or direction for quashing the impugned FIR dated 24.08.2020 registered as Case Crime No. 87 of 2020 under Sections 420, 406 IPC at Police Station-Bhot District-Rampur on the ground that petitioner was extended facility of loan o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, this act of petitioner in misappropriating the hypothecated property against which loan has been extended, amounts to an offence of cheating and criminal breach of trust. After hearing learned counsel for the parties and going through the record, we are in an agreement with the submission made by learned counsel for the State that FIR has been lodged for cheating and criminal misappro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arising out of FIR No. 3 of 2007 are transferred to the Court of Judicial Magistrate, Surat, where the proceedings of other complaint under Section 138 of the NI Act are pending so that the complaint filed by the appellants and the proceedings arising out of FIR alleged by respondent No. 2 are decided together to avoid contradictory judgments and to facilitate the issues which are common in both. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 92 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case. From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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