Page No.# 1/5 GAHC010124412024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./720/2024 KARIM UDDIN AHMED @ MD. KARIMUDDIN AHMED S/O LATE KHUSHNAT ALI, P/R/O VILL- SURADI, P.S.-NALBARI, DIST- NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MD. ANOWAR HUSSAIN S/O LATE ABED ALI VILL- BATSOR (KHANSAPARA) P.O.-BATSOR P.S.-BELSOR DIST-NALBARI ASSAM PIN-78130 Advocate for the Petitioner : MR. A M S MAZUMDER, Advocate for the Respondent : PP, ASSAM, MR. D S DEKA (R-2) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 02.02.2026 1. Heard Mr. A.M.S Mazumdar, learned counsel for the petitioner. Also Page No.# 2/5 heard Mr. D.S Deka, learned counsel appearing for respondent No. 2 and Ms. A Begum, learned A.P.P for the State of Assam. 2. By this application, filed u/s 482 of the Cr.P.C, 1973 r/w Section 397/401 of the said Code as well as Article 227 of the Constitution of India, the petitioner has challenged the continuance of the criminal proceeding being PRC No. 197/2024 arising out of F.I.R dated 19.10.2022 registered as Belsor P.S Case No. 216/2022 u/s 420/506 of IPC. The petitioner has also challenged the charge-sheet No. 159 dated 30.09.2023 u/s 420/506 and the subsequent proceedings pending before the Ld. Court of C.J.M, Nalbari. 3. The FIR dated 19.10.2022 lodged by respondent No. 2 revealed that on 11.09.2021, the petitioner, in the name of providing loan from State Bank of India, has taken 7(seven) nos. of blank signed cheques of State Bank of India of respondent No. 2, 6(six) nos. of blank signed cheques of Central Bank of India pertaining to his wife as well as 6(six) nos. of blank signed cheques of H.D.F.C Bank belonging to the petitioner, totaling 19(nineteen) cheques. It is also stated that the petitioner had taken the voter ID, debit card as well as other papers from the respondent No. 2, but till date the petitioner have not provided respondent No. 2 with any loan amount. Further, the petitioner is stated to have not returned the documents to respondent No. 2 and when the respondent No. 2 went to his house to get the documents back along with the cheques, the petitioner drove him away. 4. The Police, on receipt of the said FIR, registered the case as Belsor P.S Case No. 216/2022 registered u/s 420/506 of IPC. Upon completion of the investigation, the police submitted charge-sheet on 30.09.2023 making the petitioner as the accused person. Page No.# 3/5 5. Mr. A.M.S Mazumdar, learned counsel for the petitioner submits that the said FIR, which resulted in a charge-sheet, was lodged as a counter- blast to the cases filed by the petitioner against respondent No. 2. He stated that respondent No. 2, who was in need of money, offered to sell a plot of land measuring 1 katha 5 lechas and the petitioner, who wanted to purchase the said land, entered into an agreement and fixed the value of the land at Rs. 55,00,000/- and to execute the agreement, the petitioner paid Rs. 21,50,000/- initially on 16.01.2021 when the said agreement was entered into and subsequently, he paid Rs. 10,50,000/- on 20.04.2021 and Rs. 10,00,000/- on 06.09.2021. Mr. A.M.S Mazumdar, learned counsel for the petitioner stated that the petitioner had paid in total Rs. 42,00,000/- towards consideration for purchase of land of respondent No. 2. However, the said agreement was not executed by the parties concerned and in view of the same, the petitioner asked for this money back. Mr. A.M.S Mazumdar, learned counsel for the petitioner further submits that respondent No. 2 had given a number of cheques towards return of money and when he submitted those cheques in the said bank, the cheques were returned due to insufficiency of funds. Subsequent, thereto, the petitioner had issued legal notices to respondent No. 2 and thereafter, filed the case under the Negotiable Instruments Act, 1881. The petitioner has also filed an FIR against respondent No. 2 on 17.10.2022 alleging that respondent No. 2 had hurt him physically, mentally and financially by taking the money from him and misappropriated the same. The said FIR was registered as Nalbari P.S Case No. 452/2022 u/s 406/420/468 of IPC. 6. Mr. A.M.S Mazumdar, learned counsel for the petitioner submits that that the instant FIR lodged by respondent No. 2 against the petitioner is a counter-blast to the said facts narrated above and in view of the same, Page No.# 4/5 the petitioner has filed the instant petition for quashing of the FIR. 7. Mr. D.S Deka, learned counsel appearing for respondent No. 2, however, submits that the contents of the FIR reveals a different cause of action and that the charge-sheet has been laid in the instant case and the case is fixed for consideration of charge. He states that a number of blank cheques were taken by the petitioner from him as well as from his wife with the promise that the petitioner would arrange loan from the S.B.I which, however, he did not and have neither returned the documents. He, as such, submits that the case may be proceeded with and the petitioner may contest the same during the charge framing stage. 8. The contents of the FIR dated 19.10.2022 and the subsequent charge- sheet, the quashing of which has been prayed for in the instant case, reflects a different case altogether and whether the same is a counter- blast to the actions taken by the petitioner against respondent No. 2 cannot be seen at this stage, by this Court. 9. In the instant FIR as well as in the charge-sheet, it is clearly stated that the petitioner had taken blank signed cheques of various banks belonging to the respondent No. 2 and his wife and after long that is more than a year, had gone by but neither the petitioner had arranged for a loan nor had given back the cheques and the other documents that he had collected from the respondent No. 2 which, prima facie, makes out a case u/s 420/506 of IPC. However, this observation will not have any effect on the case instituted while adjudicating by the respective Courts. 10. In view of the same, this Court does not deem it fit to quash the FIR or the charge-sheet or the subsequent proceeding. 11. Petition stands rejected and dismissed. Page No.# 5/5 JUDGE Comparing Assistant