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2018 (9) TMI 1283 - MADHYA PRADESH HIGH COURTPrinciple of Double of Jeopardy - Criminal breach of trust - cheating and criminal conspiracy - main allegations appears to be to receive the amount from respondent No.2 to siphon off the money with intention to receive wrongful gain and with intention to cheat the respondents the amount has been siphoned off in the name of some other person (grand son of petitioner No.1) by way of gift - dishonor of Cheque - Section 138 of NI Act. Held that:- Exercise of judicial restrained was mandated by the Apex Court while entertaining petitions under Section 482 of Cr.P.C. - Besides that, one more aspect, is infant stage of investigation because investigation is yet to be unfolded. From perusal of the case diary, it appears that interrogation/ statements of the petitioners are yet to be taken therefore, it would be too early to jump to the conclusion about role of the petitioners and since the plea of double jeopardy was discarded in the preceding paragraphs therefore, scope of interference on merits constricts to the detriments of petitioners. It is for the investigating officer to decide and take the call. He is free to take appropriate decision as per law. No such directions can be given to the authority at this juncture. In the cumulative analysis and considered opinion of this Court, scope of interference at this juncture regarding quashment of FIR does not exists. Scope of section 482 of Cr.P.C. is to be used sparingly in those matters where, no case is made out at the threshold. Petition dismissed.
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