Gujarat High Court
Parvish Tharelal Vijh vs State Of Gujarat on 4 January, 2023
Bench: Ilesh J. Vora
R/CR.MA/6614/2021 ORDER DATED: 04/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6614 of 2021
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PARVISH THARELAL VIJH
Versus
STATE OF GUJARAT
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Appearance:
MR MITESH L RANGRAS(3324) for the Applicant(s) No. 1
MR. VN. SEVAK(3791) for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 04/01/2023
ORAL ORDER
1. By way of this application under Section 482 of Cr.P.C.,
the applicant seeks to invoke inherent powers of this
Court, for quashing of criminal proceedings being C.C.
No.1300948 of 2016, registered in connection with the
FIR No.26/2002 registered with Navrangpura Police
Station, Ahmedabad for the offences punishable under
Sections 406, 409, 418, 420, 465, 468, 471 and 120B of
the IPC.
2. Rule. Learned APP Ms. Moxa Thakkar, waives service of
rule for the respondent-State and Mr. V.N. Sevak, learned
advocate waives service of rule for and on behalf of
respondent no.2- original complainant.
3. Heard learned counsel appearing for the respective
R/CR.MA/6614/2021 ORDER DATED: 04/01/2023
parties.
4. The brief facts giving rise to filing of present application
is that the applicant availed car loan from the respondent
no.2 - Punjab National Bank by submitting bogus
documents. The respondent no.2-bank lodged an FIR,
against 25 persons, including the bank manager, who
involved in the alleged conspiracy in granting paper loan.
5. Learned counsel Mr. M.L. Rangras appearing for and on
behalf of the applicant would submits that, the applicant
was nowhere involved in the alleged fraud and
conspiracy hatched by the officer of Punjab National
Bank, nor, have produced any documents with the bank.
He would further submits that, the co-accused bank
manager has committed large scale fraud and he is
facing more than 100 criminal cases. He would further
submits that, the amount has already been paid by the
applicant for which No Due Certificate had been issued.
In such circumstances, he submitted that, no fruitful
purpose would be served if the proceedings in respect of
impugned FIR are continued and same amount to abuse
of process of Court and law.
6. Mr. Sevak, learned counsel for respondent no.2 and Ms.
Moxa Thakkar, learned State counsel submitted that, the
allegations made in the FIR as well as charge-sheet
constitute the ingredients of the offence alleged and
R/CR.MA/6614/2021 ORDER DATED: 04/01/2023
therefore, no case is made out to invoke the inherent
powers of this Court.
7. Having heard learned counsel for the respective parties
and upon perusal of the material placed on record, it
appears that, the applicant has settled the issue with the
bank by opting OTS and after making payment, the bank
has issued NOC dated 01.03.2021. It is to be noted that,
the allegations against the present applicant is general in
nature without there being any sufficient evidence to
infer that, he has produced bogus documents for availing
the loan. The quashing petition filed by co-accused Ketan
Shah and Utpal Jagdishbhai Amin, allowed by Coordinate
Bench of this Court vide orders dated 19.06.2012 and
10.01.2014 respectively. The role attributed to the
present applicant is identical to the co-accused whose
quashing petitions have been allowed by Coordinate
Bench of this Court. In such circumstances, when the
respondent-bank has been paid all the dues by the
applicant, this is a fit case to quash the proceedings as
allowing proceedings to continue would serve no fruitful
purpose and therefore, in order to secure the ends of
justice, this is a fit case for exercising inherent
jurisdiction u/s. 482 of the Code. Accordingly, the
application is allowed. The impugned FIR being C.R. No.
26/2002 registered with Navrangpura Police Station,
Ahmedabad under Sections 406, 409, 418, 420, 465, 468,
471 and 120-B of Indian Penal Code and Criminal Case
No. 1300948 of 2016 pending before the Court of
R/CR.MA/6614/2021 ORDER DATED: 04/01/2023
Additional Chief Metropolitan Magistrate, (Court No. 13),
Ahmedabad qua the applicant only are hereby quashed.
It is further clarified that the observations made in this
judgment would apply qua the present applicant and the
trial Court shall proceed with other accused in
accordance with law.
8. With these observations the application is allowed. Rule
made absolute accordingly.
(ILESH J. VORA,J)
TAUSIF SAIYED
