[2025:RJ-JP:27936] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4043/2025 Ghanshyam Sharma Son Of Shri Narayan Sharma, R/o Gali No. 4, SBI Bank Ki Gali, Deendayal Colony, Newai, Distt. Tonk (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through The Learned Public Prosecutor. 2. Nandkishore S/o Shri Bajrang Lal, Aged About 51 Years, R/o Sirohi, Datwas, Distt. Tonk (Raj.) Presently Residing At Hal Shyama Prasad Mukharji, Newai, Distt. Tonk (Raj.) ----Respondents For Petitioner(s) : Mr. Gaurav Jain For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 25/07/2025 Learned counsel for the petitioner has submitted that the petitioner is engaged in the business of trading commodities including mustard, for a prolonged period. It is further submitted that as on date, amount to the tune of Rs. 4 crores approximately is due qua the petitioner. Further, it is submitted that matter pertains to civil dispute and impugned FIR is lodged by giving criminal colour to the civil dispute, which is sheer abuse of authority. Learned counsel has placed reliance upon Rikhab Birani Vs. The State of Uttar Pradesh & Ors.: 2025 INSC 512. Per contra, learned counsel for the complainant has opposed the contentions of the learned counsel for the petitioner and has [2025:RJ-JP:27936] (2 of 2) [CRLMP-4043/2025] submitted that the petitioner has opened trading firms with different names and had purchased goods on credit from the traders and transferred the money in the bank accounts of the relatives, thereby causing loss and fraud to the traders. It is further submitted that the petitioner has cheated the complainant and with the intention of usurping money petitioner has closed all the firms. Having heard and considered the submissions of the learned counsel for the respective parties and upon perusal of the material available on record, this Court has noted that the matter involves disputed questions of facts; that money is alleged to be siphoned in the instant matter in the bank accounts of the relatives. Taking note of the aforementioned, this Court finds no reason to interfere with the present petition as the matter requires investigation. Therefore, concerned Superintendent of Police is directed to conduct the detailed investigation in the instant matter, in accordance with law. In view of the above, the instant petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/84