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
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3744 of 2014
==========================================================
BHARATBHAI AMBALAL DESAI
Versus
STATE OF GUJARAT & ANR.
==========================================================
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
==========================================================
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
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
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
