MOHAMMED RAIS MOHAMMED AZIZ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.K.P. Raval, learned Additional Public Prosecutor waives the service of notice of rule on behalf of the respondent No.1 and Mr.Hardik Dave, learned advocate waives the service of notice of rule on behalf of the respondent No.2 original complainant.

(2.) THAT the respondent No.2 original complainant has lodged the impugned First Information Report being CR No.I -9 of 2011 registered with DCB Police Station against the petitioners for the aforesaid offences alleging inter -alia that a Memorandum of Understanding was entered into between the complainant and the petitioners for sale of plant and machineries for a total consideration of Rs.3.75 Crores out of which the complainant has paid Rs.2,25 Crores (1 Crore by Demand Draft and 1.25 Crore by Cash, as demanded by the petitioners) and despite the same, the petitioners have not sold and delivered the plaint and machineries to the complainant and instead sold the same to some other persons and created forged documents and committed the offences of cheating, breach of trust etc. That the said First Information Report has been lodged on 6/5/2011 and before any further investigation could be done by the investigating officer, some other persons namely Chhaganbhai Odhavjibhai Vaghani and others (alleged purchasers of the plant and machineries) preferred Criminal Misc.Application No. 6967 of 2011 quashing and setting aside the impugned First Information Report i.e. immediately after filing of the aforesaid First Information Report and moved the learned Vacation Court and the learned Vacation Judge granted order of status -quo with respect to plant and machineries. That in the said Criminal Misc.Application, those two persons have, as such, prayed to quash and set aside the impugned First Information Report. That Being aggrieved by and dissatisfied with the impugned First Information Report, the petitioners original accused of First Information Report being CR No.I -9 of 2011 registered with DCB Police Station, petitioners original accused have preferred present Criminal Misc.Application under sec.482 of the Code of Criminal Procedure.

(3.) MR .Mangukiya, learned advocate appearing on behalf of the petitioners has vehemently submitted that as such, the petitioners have not committed any offence, as alleged. It is submitted that as such the dispute is of a civil nature which the complainant has tried to convert it into criminal dispute and therefore, the same is nothing but abuse of process of court and law. He has further submitted that the civil dispute is sought to be settled by the complainant by launching the criminal prosecution.