Gujarat High Court
Bharatbhai Ambalal Desai vs State Of Gujarat on 7 July, 2025
NEUTRAL CITATION
R/SCR.A/3744/2014 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3744 of 2014
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BHARATBHAI AMBALAL DESAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS TEJAL A VASHI(2704) for the Applicant(s) No. 1
MR VISHWAS S DAVE(5861) for the Respondent(s) No. 2
MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 07/07/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being C.R.No.I-157 of 2011 registered with Kishanwadi Police Station for the offences under Sections 406, 420, 114 of Indian Penal Code and all the consequential proceedings arising therefrom.
2. Heard learned advocates for the respective parties.
3. Learned advocate for the applicant after reading FIR would submit that nearly 32 transactions have been done with the company of the petitioner by the complainant and for that, the complainant has received money. Thus, it is clear that the petitioner or his firm has no intention to cheat the complainant Page 1 of 3 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 23:29:27 IST 2025 NEUTRAL CITATION R/SCR.A/3744/2014 ORDER DATED: 07/07/2025 undefined and thus, essential ingredients of sections 406 and 420 are not attracted. Even, the FIR is filed belatedly for which, no proper explanation is given by the complainant. He would further submit that issue of civil nature has been given colour of criminality to pressurize the petitioners. He would further submit that there is a dispute of recovery of amount and nothing else and the complainant without availing proper remedy, just with a view to pressurize the petitioner, filed the impugned FIR. In view of that, prima facie, alleged offences are not attracted.
3.1. Upon above submissions, learned advocate for the petitioner submitted to allow the application and quash the FIR.
4. On the other hand, learned advocate for the respondent original complainant after arguing to some extent, failed to point out that how the offences u/s 406, 420, 114 of the IPC is made out, as commercial transaction between the parties have been given colour of criminality. He has relied upon the judgment of the Hon'ble Apex Court in case of Kaptan Singh Vs. State of U.P., 2021(9) SCC 35 to submit that the Court should not held mini trial at the stage where the FIR is sought to be quashed. Upon such submission, he prays to pass necessary orders.
4.1 Learned APP after adopting argument of learned advocate for the complainant prays to pass necessary orders.
5. Having heard learned advocates for both the sides and considering the role of the present applicant in commission of Page 2 of 3 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 23:29:27 IST 2025 NEUTRAL CITATION R/SCR.A/3744/2014 ORDER DATED: 07/07/2025 undefined offence, whereby according to the complainant, the petitioner firm has issued cheques to the company of the complainant, which was not realized. Thus, there is a dispute of recovery of amount and nothing else and the complainant without availing proper remedy, just with a view to pressurize the petitioner, filed the impugned FIR. Recently, Hon'ble Apex Court in the case of Ashok kumar Jain v/s. State of Gujarat [SLP Criminal No.1850 of 2020], had addressed the issue and held that non payment of sale price would be civil dispute. The findings of Hon'ble Apex Court squarely covers the present issue.
6. In the result, the application is allowed. The impugned FIR being C.R.No.I-157 of 2011 registered with Kishanwadi Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner herein. Rule is made absolute. Direct service is permitted.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 3 of 3 Uploaded by SHEKHAR P. BARVE(HC00200) on Mon Jul 07 2025 Downloaded on : Mon Jul 07 23:29:27 IST 2025