1 CRWP NO.384/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 916. WP/384/2011 NISHIKANT ASHOK DABHADE AND [Criminal] ANR V/S STATE OF MAHARASHTRA AND ANR -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.S.Borkar, Adv., for the petitioner. Mr.N.B.Patil, APP for Respondent State. ... CORAM: A.H.JOSHI AND A.R.JOSHI, JJ. DATE:SEPT., 15th, 2011 1. Heard learned Advocate for the petitioner. He wants that the FIR registered in Crime No.I-286/2010, under Sections 420, 406, 34 of IPC in Chavani (Cantonement) Police Station, Aurangabad, be quashed. 2. Heard learned Advocate Mr.V.S.Borkar. Perused the record. It is seen that the offense alleged against the petitioners is on account of their alleged act of taking away a briefcase, consisting of signed blank cheques, ornaments, etc. in the guise of it being required for presentation with the sale deed proposed to be executed. 3. According to the petitioners, the cheque issued by the complainant was dishonoured and, in order to counter-blast the complaint under 2 CRWP NO.384/2011 Section 138 of Negotiable Instruments Act filed by the petitioners against the complainant, present FIR has been lodged. 4. It is next argued that, the fact that, the Police did not investigate the matter, for such a long time, be construed as a ground for quashing the FIR. 5. As we see, delay in filing FIR or failure to investigate, does not, ipso facto, constitute a ground for quashing the FIR. 6. In so far as the complaint being false and being lodged to counter-blast the criminal case filed by the petitioner is concerned, this contention is in the nature of defence, which is available only in the course of trial, and not at the stage of quashing the FIR, as a ground. 7. We are, therefore, satisfied that no valid grounds for quashing the FIR are made out. 8. Petition is dismissed. (A.R.JOSHI) (A.H.JOSHI) JUDGE JUDGE agp/384-11crwp