1 2025:CGHC:58844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1828 of 2024 Mohammad Tariq S/o Late Shri Alfaz Mohammad, Aged About 47 Years R/o Green Park Colony, Police Station Civil Lines, District Bilaspur C.G. (Age 42 Wrongly Mention In Order Sheet) ... Petitioner(s) versus 1 - Ishwar Prasad Sahu S/o D. R. Sahu, Aged About 49 Years Director Of K.D. Resources Private Limited, R/o Bharat Hosiery, Purana Bus Stand, Bilaspur Police Station City Kotwali, District Bilaspur Chhattisgarh 2 - Devidas Vadhwani (Died And Deleted) As Per Hon'ble Court Order Dated 06-08-2024 3 - Kailash Kumar Khushlani S/o R.K. Khushlani Aged About 50 Years Director Of K.D. Resources Privated, Limited, R/o Bharat Hosiery, Purana Bus Stand, Bilaspur, Police Station City Kotwali, District Bilaspur Chhattisgarh 4 - Ram Khedia S/o Late Shri Purushottam Das Khedia Director Of K.D. 2 Resources Privated, Limited, R/o Bharat Hosiery, Purana Bus Stand, Bilaspur, Police Station City Kotwali, District Bilaspur Chhattisgarh 5 - State Of Chhattisgarh, Through Station House Officer, Police Station Civil Lines, Bilaspur, District Bilaspur C.G. ... Respondent(s) For Petitioner(s) : Mr. Sunil Verma, Advocate For Respondent(s) For Respondent No. 1,3,4 : Ms. Nupur Trivedi, P.L. Mr. Sourav Agrawal, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 04/12/2025 1. With the consent of the parties, the present matter is heard finally. 2. The present petition has been filed by the petitioner under Section 528 of BNSS, 2023 for registration of FIR against respondent no. 1 to 4 by Station House Officer, Civil Lines, Bilaspur, District- Bilaspur (C.G.). 3. The brief facts of the case are that the petitioner used to operate a petrol pump in the name of Balraj Service Centre near Satyam Chowk in Link Road, Bilaspur. An Excise Battery shop was also operated along with the said petrol pump. In the year 2016, the land of the said petrol pump was purchased by K D Resources Private Limited's directors Ishwar Prasad Sahu, Devi Das Wadhwani, Kailash Khusalani, Ram Kedia. He owned the said 3 land in which he used to operate the petrol pump. On 07-09-2019, a letter was sent in his name by Ishwar Prasad Sahu, Director of K D Resources Private Limited, in which an offer was made that if he hands over the land of the said petrol pump to them, then he will build a 400 sq. ft. shop for him on the roadside in his proposed mall. On 16-10-2019 an agreement was executed between him and K D Resources Pvt. Limited in which it was mentioned in clause 10 that a shop would be constructed in the said proposed mall and given to him within 24 months, if not given then they would give him Rs 2 crore along with compensation, when 24 months passed and the shop was not constructed by them, then he demanded Rs 2 crore as compensation mentioned in the agreement, then they started procrastinating. The only source of income of the complainant was snatched away by the accused by fraudulently executing an agreement, due to which the complainant and his family are facing a situation of starvation, accused No. 2 filed a false complaint against the complainant in Civil Lines Police Station. On 05-08-2022, the complainant has submitted a written complaint to the Superintendent of Police regarding implicating him in a false case, giving false testimony and executing a false affidavit against the accused and has requested to register a crime. On 08-08-2022, the complainant had lodged a written complaint against all the above accused in Civil Lines Police Station, Bilaspur regarding cheating and fraudulent dealings, but due to the high reach and connivance of 4 all the above accused, Civil Lines Police Station relate to take no refused to take action on his complaint. Copy of application under section 200 of Cr.p.c. is filed herewith as ANNEXURE P/2. The F.I.R. has been not registered under section 420, 467, 468, 471 of I.P.C. these are no cognizance was taken under the said Act nor any criminal proceedings were registered. If the F.I.R. has been registered against the respondent no. 1 to 4 the petitioner has not hurrahed, being before Police of Police Station Civil Lines, Bilaspur, District Bilaspur (C.G). On 16-10-2019 an agreement was executed between him and K D Resources Pvt. Limited in which it was mentioned in clause 10 that a shop would be constructed in the said proposed mall and given to him within 24 months, if not given then they would give him Rs 2 crore along with compensation, when 24 months passed and the shop was not constructed by them, then demanded Rs 2 crore as compensation mentioned in the agreement, then they started procrastinating. Copies of agreement with dealing letters are filed herewith as ANNEXURE P/3. The petitioner has given to the application before Superintendent of Police, Bilaspur and Station House Officer, Civil Line, Bilaspur to registered the F.I.R. against respondent no. 1 to 4. Subject is regarding registration of crime under section 420 of IPC in the name of Ishwar Prasad Sahu, Director, K D Resources Pvt. Ltd. The land of the said petrol pump was purchased by K D Resources Private Limited's directors Ishwar Prasad Sahu, Devi Das Wadhwani, Kailash Khusalani, 5 Ram Kedia. He owned the said land in which he used to operate the petrol pump. On 07-09-2019, a letter was sent in his name by Ishwar Prasad Sahu, Director of K D Resources Private Limited, in which an offer was made that if he hands over the land of the said petrol pump to them, then he will build a 400 sq. ft. shop for him on the roadside in his proposed mall. Copies of applications dated 08-08-2022 are filed herewith as ANNEXURE P/4. During pendency of the case, the petitioner, has settled their dispute, outside the court, without any fear, protest and duress. 4. Learned counsel for the petitioner submits that he action taken by Learned J.M.F.C, Bilaspur District Bilaspur (C.G.), order on 11-01- 2024 is purely bad as illegal and learned family court as no power as for without proper way of hearing the petitioner/applicant for which reason the learned court. The act of respondent authority is against the law, principle of law, natural justice and law laid down by Apex court of India in the case of “Lalita Kumari Vs. Government of Uttar Pradesh and others” (20140 SCC 1). The petitioner is seeking invocation power of this Hon'ble Court under section 482 of Cr.P.C., for the registration of F.I.R. against the respondents no. 1 to 4 has Police of Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.) for the punishable under section 420, 467, 468, 471 of I.P.C. An agreement was executed between him and K D Resources Pvt. Limited in which it was mentioned in clause 10 that a shop would be constructed in the said proposed mall and given to him within 24 months, if not given then they 6 would give him Rs 2 crore along with compensation, when 24 months passed and the shop was not constructed by them, then he demanded Rs 2 crore as compensation mentioned in the agreement, then they started procrastinating. The complainant has submitted a written complaint to the Superintendent of Police regarding implicating him in a false case, giving false testimony and executing a false affidavit against the accused and has requested to register a crime. On 08-08-2022, the complainant had lodged a written complaint against all the above accused in Civil Lines Police Station, Bilaspur regarding cheating and fraudulent dealings. The learned trial court wrongly acquitted the accused person granting benefit of doubt. The continuation of aforesaid investigation and if FIR has not been registered against the respondent no 1 to 4 is merely an abuse of process of law. In the interest of justice the aforesaid F.I.R. and proper way of investigation against the respondent no 1 to 4. 5. Learned State counsel and counsel for the respondents opposed the contentions made by the counsel for the petitioner and submits that the present petition deserves to be dismissed. 6. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. The present petition has been filed challenging the order passed by the learned court below, whereby the complaint presented by the petitioner seeking registration of a criminal case against the accused persons for offences punishable under Sections 420, 7 467, 468 and 471 of the Indian Penal Code was rejected. 8. Upon careful examination of the complaint and the material placed on record, it emerges that the petitioner alleged that he was operating a petrol pump under the name and style of Balraj Service Centre situated at Link Road, Bilaspur. It is further alleged that on 07.09.2019, an agreement was executed between the petitioner and the accused firm, namely K.D. Resources, under which the petitioner agreed to close his petrol pump and shop and hand over vacant possession of the land to the accused, with an assurance that in exchange, ownership and possession of a shop measuring approximately 400 square feet situated on the main road would be given to the petitioner. 9. It is the case of the petitioner that even after lapse of 24 months from the date of the agreement, the accused persons failed to comply with the terms of the agreement, thereby committing offences of cheating and forgery. 10. However, on scrutiny of the record, it is evident that the petitioner has failed to disclose or establish ownership of the land on which the petrol pump was allegedly situated. No document has been produced to show the petitioner’s ownership or lawful entitlement over the petrol pump or the land in question. Likewise, no documentary evidence has been placed on record to substantiate the allegation that the agreement relied upon bears valid and legally proved execution by the accused. 11. The alleged agreement, on the basis of which the criminal 8 prosecution has been sought, appears to be prima facie doubtful, particularly in view of the absence of supporting title documents and corroborative material. The dispute raised by the petitioner essentially relates to non-fulfilment of contractual obligations, which, at best, gives rise to a civil dispute. 12. For constituting an offence under Section 420 IPC, dishonest intention at the inception of the transaction is a sine qua non. From the facts and allegations pleaded in the complaint, such dishonest intention on the part of the accused at the time of execution of the agreement is not made out. Similarly, the essential ingredients of offences under Sections 467, 468 and 471 IPC are also not prima facie established. 13. The learned court below has rightly held that giving a criminal colour to a dispute of purely civil nature is impermissible and that the complaint does not disclose commission of any cognizable offence warranting registration of a criminal case. 14. This Court finds no illegality, perversity or jurisdictional error in the impugned order passed by the learned court below. 15. Accordingly, the present petition is dismissed. Sd/- (Arvind Kumar Verma) JUDGE Madhurima