It is pertinent to note the facts giving rise to the appeal in a detailed manner.The respondent no. 2­ complainant is the director of a money lending company by the name of Dharshan Fiscal Pvt. Ltd. The appellant, who is a retired bank employee, approached the complainant’s company in the month of January 2008 for a loan of Rs. 27,00,000/­. Accordingly, the respondent no. 2 transferred the funds as a loan, which was to be repaid by the appellant within a year with interest.N. V. R AMANA , J.1. Leave granted.Further, respondent no.2 alleged that when he approached the appellant, he was threatened by the appellant with dire consequences.Thereafter, the respondent no.2 filed a complaint based on which the FIR bearing I/C.R. No. 22/2012, dated 25.01.2012, was filed before the Kagdapith Police Station, Ahmedabad, against the present appellant under Section 406, 409, 417, 420, 294 (b) and 506 (2) of IPC.The appellant 2 preferred an application under Section 482 of the Cr.The charge sheet No. 28 of 2012 dated 01.03.2012, came to be filed against the appellant under Sections 406, 420 and 417 of IPC.Pursuant to the same, the Magistrate issued summons.The appellant alleged that on 04.12.2013, he was given a copy of the said charge sheet, and that the charges were framed by the Metropolitan Magistrate on the same day in a blank sheet without giving him an opportunity of being heard, as the appellant was unaccompanied by any counsel.In light of the aforesaid developments, the appellant filed an application seeking amendment of the prayer in Criminal Miscellaneous Application no. 4033 of 2012 wherein he sought for the inclusion of prayer seeking to quash and set aside the charge sheet no. 28/ 2012 in FIR No. I/C.R No.22/2012 and the charges framed by the Metropolitan Magistrate vide order dated 04.12.2013 and all further proceeding carried out in 3 Criminal Case no. 388/2012 pending before the Additional Metropolitan Magistrate.It is pertinent to note that, simultaneously respondent no.2 had preferred a summary suit in Summary Civil Suit no. 928/2011 seeking the recovery of Rs.33,46,225/­ which was inclusive of the interest upon the principal amount.The same was admitted on 25.04.2011 and is still pending before the City Civil Judge, Ahmedabad.Vide order dated 12.04.2018, the High Court dismissed the quashing petition preferred by the appellant and directed the trial court to complete the trial within three months.The High Court further went on to observe that, prima facie an offence of cheating under Section 420 is made out but charge under Section 406 pertaining to criminal breach of trust is not applicable in the given factual scenario.However, the High Court did not remove the charges under Section 406 and observed that no case has been made out to get the charge quashed.Aggrieved by the aforesaid dismissal, the appellant has preferred the present Special Leave Petition.Moreover, it is pertinent to note that after filing Summary Suit No.928 of 2011 on 21.04.2011, the complainant has filed the written complaint dated 05.01.2012 and has attempted to give the cloak of a criminal offence to the present case which is purely civil in nature, just to harass the appellant.

Cited provisions: Section 406 in The Indian Penal Code; Section 420 in The Indian Penal Code; Section 415 in The Indian Penal Code; Section 417 in The Indian Penal Code