Jayantibhai Ganeshbhai Majirana vs State Of Gujarat
2023 Latest Caselaw 4194 Guj

     R/CR.MA/4955/2017                                   JUDGMENT DATED: 08/06/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 4955 of 2017


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE SANDEEP N. BHATT

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1      Whether Reporters of Local Papers may be allowed
       to see the judgment ?

2      To be referred to the Reporter or not ?

3      Whether their Lordships wish to see the fair copy
       of the judgment ?

4      Whether this case involves a substantial question
       of law as to the interpretation of the Constitution
       of India or any order made thereunder ?

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               JAYANTIBHAI GANESHBHAI MAJIRANA & 1 other(s)
                                Versus
                      STATE OF GUJARAT & 1 other(s)
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Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1,2
MR TUSHAR CHAUDHARY(5316) for the Respondent(s) No. 2
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                  Date : 08/06/2023

                                  ORAL JUDGMENT

1. By way of this application filed under Section

482 of the Code of Criminal Procedure, 1973 (`Code' for

short) the applicants have prayed for the following

R/CR.MA/4955/2017 JUDGMENT DATED: 08/06/2023

reliefs:

"9(A) admit this petition.

(B) invoke the provisions of Sec.482 of Cr.P.C. and be pleased to quash and set aside the FIR being C.R.No.I- 4/2017 filed at Deesa North Police Station, dated 18/1/2017. (C) grant interim relief and be pleased to restrain the Investigating Officer from carrying-out further investigation in connection with the FIR being C.R.No.I-4/2017 filed at Deesa North Police Station, pending admission and final disposal of this petition;

(D) any other and further order be passed in the interest of justice."

2. The brief facts leading to filing of this

application are such that the applicant no.1 and respondent no.2 knew each other for five years and the

respondent no.2 exhibited his intention to sell his four

wheeler being Toofan car bearing registration no.GJ-8Z-

2545 and it was agreed that the petitioner no.1 shall

pay Rs.3.60 lacs to the respondent no.2 for the same and

the respondent no.2, in turn, will clear all the

outstanding amount of loan availed by him. As agreed,

the petitioner no.1 paid the amount of Rs.3.60 lacs to

the respondent no.2 and the respondent no.2 handed over

R/CR.MA/4955/2017 JUDGMENT DATED: 08/06/2023

the vehicle to the petitioner no.1 and also executed one

document on stamp paper of Rs.100/-. Thereafter, inspite

of repeated reminders, the respondent no.2 did not pay

the outstanding amount of loan and the finance company

persons used to threaten the petitioner no.1 that they

will take away the vehicle if the amount is not repaid.

The petitioner no.1 approached the respondent no.2 and

requested to pay the outstanding amount, however, the

respondent no.2, with a view to see that he need not

make the payment and also to get back his four

wheeler, approached the police authorities and registered

the FIR being C.R.No.I-4/2017 dated 18.1.2017 with

Deesa North Police Station for the alleged offences

punishable under Sections 5(1), 33(3) of the Gujarat Money Lending Act as well as under Sections 384, 294-

B, 506(2) r/w Section 114 of the Indian Penal Code.

Hence, this application is filed for quashing of the said

FIR.

3. Heard learned advocate Mr.Majmudar for the

applicants, learned APP Mr.Joshi for the respondent no.1

and learned advocate Mr.Chaudhary for the respondent

no.2.

R/CR.MA/4955/2017 JUDGMENT DATED: 08/06/2023

4. Learned advocate Mr.Majmudar for the

applicants submitted that the FIR is absolutely frivolous,

vexatious as no ingredients of the alleged offences could

be said to have been attracted. He submitted that the

petitioners never lent any money to the respondent no.2

as the petitioners are running a small laundry shop and

are earning their livelihood with great difficulty and

therefore they do not have any reserve fund to lend to

anyone. He also submitted that even otherwise,

considering the date of the execution of stamp paper, the

FIR has been filed almost after a considerable long

period of delay. He, therefore, submitted that this

application be allowed and the impugned FIR be quashed

and set aside.

5. Learned APP for respondent no.1 and learned

advocate for respondent no.2 submitted that the

ingredients of the FIR are prima facie made out and it

is a case of trial and therefore requested to reject this

application.

6. On hearing learned advocates for the parties

and on perusing the papers on the record, it transpires

R/CR.MA/4955/2017 JUDGMENT DATED: 08/06/2023

that the averments and submissions made on behalf of

the petitioners is in the nature of defence and the Court

cannot examine defence of the petitioners while exercising

powers under section 482 of the Code of Criminal

Procedure. Further, the allegations in the FIR are

subject to trial and the applicants can very well take all

defences at the stage of trial and the quashing of the

FIR at this stage is not warranted, looking to the

allegations.

7. Under the circumstances, the Court do not find

any substance in the present petition either on facts or

law so as to exercise powers under section 482 of the

Code of Criminal Procedure. Hence, the same is rejected. Rule is discharged.

(SANDEEP N. BHATT,J) SRILATHA