DILIPBHAI DAHYABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Sudhir Nanavati, learned Senior counsel assisted by Mr. D.K. Puj, learned advocate for the applicants and Ms. Krina Calla, learned Ms. Krina Calla, ld. APP for respondent State.

(2.) By these applications under Section 482 of the Cr. P.C., the applicants herein seek to invoke the inherent powers of this Court praying for quashing of the FIR being FIR No. 11209020201369 of 2020 registered with Idar Police Station for the offences punishable under Sections 406, 420, 120B of IPC.

(3.) Mr. Sudhir Nanavati, learned Sr. Counsel submitted that the impugned FIR being FIR No. 11209020201369 of 2020 is lodged with Idar Police Station against the applicants without impleading the Company, is absolutely false and frivolous and it is filed with malafide intention with a view to abstract money from the applicants. Learned Senior counsel further submitted that the alleged amount, as claimed by the informant was deposited in the year 2012 in the account of Shanay Developers Pvt. Ltd., whereas, signatory authority of the alleged contract - Mr. Dilipbhai Desai died since long in the year 2012. Learned Senior counsel further submitted that no averments made in the complaint that at relevant time, the applicant was in-charge or responsible for the conduct of business of the company. He further submitted that considering the certificate issued by ROC, the applicants were never Directors of the Company and had never executed any documents as alleged in the complaint.