HARSHABEN ARVINDBHAI CHOKSI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicants have prayed to quash and set aside the FIR being C.R.No.11204046201931 of 2020 registered with Nadiad Town Police Station as well as all consequential proceedings thereto and further prayed to stay the further proceedings thereto.

(2.) Heard learned advocate for the applicants. It is submitted by learned advocate for the applicants that this is purely a civil dispute and the same can be seen, as the complainant has issued notice through his advocate to ensure that the applicants executed a sale deed in favour of the complainant and his wife and against a reminder notice came to be sent through their advocate which is dated 24.07.2020. That thereafter, after a period of four months, the complainant does not choose to approach the Civil Court by way of a suit for execution of a sale deed in their favour, but very conveniently, chooses to approach the Police Station and registered a false complaint against the present applicants which is with an ulterior motive to see that the applicants are pressurized by way of criminal proceedings and they are compelled to execute the sale deed though the amount that was borrowed by the applicants. That complainant has very conveniently chose the jurisdiction of District Kheda only with a view to harass the present applicants to make them run from their home town Vadodara to Nadiad for the criminal proceedings. That the amount borrowed by the applicants shall be returned in due course by the applicants to respondent no.2. That applicant are granted anticipatory bail by the Competent Court of law.

(3.) Issue requires consideration.