Vinubhai @ Vinodbhai Narottambhai @ ... vs State Of Gujarat

Gujarat High Court

Vinubhai @ Vinodbhai Narottambhai @ ... vs State Of Gujarat on 29 July, 2025

                                                                                                          NEUTRAL CITATION




                            R/CR.MA/15787/2018                              ORDER DATED: 29/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                           FIR/ORDER) NO. 15787 of 2018

                       ==========================================================
                        VINUBHAI @ VINODBHAI NAROTTAMBHAI @ NAROTAMLAL MAKWANA
                                                  & ORS.
                                                  Versus
                                         STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR P B KHANDHERIA(5228) for the Applicant(s) No. 1,2,3
                       ADITYA B PARMAR(9707) for the Respondent(s) No. 2
                       MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                        Date : 29/07/2025

                                                         ORAL ORDER

1. The present application is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash and set aside the First Information Report (FIR) bearing 1st C.R. No.123 of 2018 registered with "A" Division Police Station for offenses punishable under Sections 406, 420, 120B, 34 of the Indian Penal Code, along with all consequential proceedings arising therefrom.

2. Learned advocate appearing on behalf of the petitioners, submitted that, as per the allegations levelled in the impugned FIR, the transaction in question is alleged to have taken place on 05.05.2018, wherein V.N. Jewellers purportedly placed an order for gold ornaments. It is further submitted that, despite non-payment of the consideration, the gold ornaments were delivered to V.N. Jewellers. The complainant alleges that the bill dated 02.06.2018 Page 1 of 6 Uploaded by MANISH MISHRA(HC01776) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 22:44:40 IST 2025 NEUTRAL CITATION R/CR.MA/15787/2018 ORDER DATED: 29/07/2025 undefined remains unpaid, thereby giving rise to the present complaint.

3.1 It is submitted by learned advocate for the petitioners that the petitioners were not partners of the said firm--V.N. Jewellers--at the time of the alleged transaction. Reliance is placed on Form-G of the Registrar of Firms, annexed at Annexure-C (page 37), to demonstrate that the petitioners had officially dissociated themselves from the partnership firm as of 23.06.2015. Therefore, it is contended that, having ceased to be partners much prior to the alleged incident, the petitioners cannot be held liable for any transaction or liability incurred thereafter. Accordingly, it is argued that the petitioners were neither concerned with nor responsible for the day-to-day operations or decisions of the said firm at the relevant time, and hence cannot be prosecuted for any alleged non-payment under the said bill.

3.2. In view of the above submissions, learned advocate for the petitioners prays for quashing of the FIR and all consequential proceedings arising therefrom.

4. It is pertinent to note that the order dated 06.05.2025 records the absence of the learned advocate representing respondent No.2. Even today, when the matter was taken up for hearing, there is no representation on behalf of respondent No.2.

NEUTRAL CITATION R/CR.MA/15787/2018 ORDER DATED: 29/07/2025 undefined

5. Per contra, learned APP has submitted that the chargesheet in the matter has already been filed and therefore, the petitioners ought to face trial.

6. At the outset, a perusal of the Form-G at page 37 of the compilation, certified by the Registrar of Firms, unequivocally indicates that the petitioners had withdrawn themselves from the partnership firm--V.N. Jewellers--w.e.f. 23.06.2015. This document evidences that the petitioners had ceased to be involved in the business affairs of the said firm well before the alleged incident took place.

6.1. The FIR, even if accepted at face value, reveals that a "Gems and Jewellery Show" was organised between 06.04.2018 and 08.04.2018 in Rajkot, wherein the complainant's stall was located at Stall No. A-4. As per the complainant, Mr. Hiren Makwana and Mr. Vijay Mala from V.J. Jewellers visited the stall and subsequently, on 05.05.2018, visited the complainant's office to place an order for certain selected gold ornaments worth ₹13,69,338, which were delivered on the same day. A part payment was allegedly made by Mr. Hiren Makwana, and a cheque was issued for the remaining amount. The bill dated 02.06.2018 was raised in the name of V.N. Jewellers.

6.2. On a plain reading of the FIR and supporting documents, it Page 3 of 6 Uploaded by MANISH MISHRA(HC01776) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 22:44:40 IST 2025 NEUTRAL CITATION R/CR.MA/15787/2018 ORDER DATED: 29/07/2025 undefined clearly emerges that the gravamen of the allegations pertains to Mr. Hiren Makwana and Mr. Vijay Mala, and the alleged transaction occurred much after the petitioners had relinquished their status as partners in the said firm. There are no specific allegations attributing any overt act or criminal intent on the part of the petitioners.

6.3. It would be apposite to refer the judgment rendered by the Hon'ble Apex Court in the case of State of Haryana v. Bhajan Lal, reported in 1992 Supp (1) SCC 335, wherein, in Paragraph 102, it is held as under:

"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Ch. XIV and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under Art. 226 or the inherent powers under sec. 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

NEUTRAL CITATION R/CR.MA/15787/2018 ORDER DATED: 29/07/2025 undefined (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under sec. 156(1) of the Code except under an order of a Magistrate within the purview of sec. 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a noncognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under sec. 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite Page 5 of 6 Uploaded by MANISH MISHRA(HC01776) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 22:44:40 IST 2025 NEUTRAL CITATION R/CR.MA/15787/2018 ORDER DATED: 29/07/2025 undefined him due to private and personal grudge."

7. Therefore, in light of the uncontroverted documentary evidence on record and considering the law laid down in State of Haryana v. Bhajan Lal. (supra), this Court is of the considered view that compelling the petitioners to undergo the rigours of a criminal trial would amount to abuse of the process of law.

8. For the reasons stated above, the present petition is ALLOWED. The impugned FIR being 1st C.R. No.123 of 2018 registered with "A" Division Police Station for offenses punishable under Sections 406, 420, 120B, 34 of the Indian Penal Code, and all consequent proceedings are hereby quashed and set aside. Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) MANISH MISHRA Page 6 of 6 Uploaded by MANISH MISHRA(HC01776) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 22:44:40 IST 2025