VIJAYBHAI VISABHAI DER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Pranav Trivedi, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent No.1- State. Though served, none appears for respondent no.2.

(2.) The petitioner before this Court under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C .") has prayed for quashing and setting aside the FIR being C.R.No.11193035200761 of 2020 registered with Liliya Police Station, Dist.: Amreli for offfences punishable under Sec. 384 , 486 , 465 , 506(2) of IPC and under Ss. 34, 38, 39, 40, 42(a), 42(d) and 42(e) of Gujarat Money Lenders Act, 2011 and the proceedings initiated pursuant thereto.

(3.) The impugned FIR, has been lodged by the complainant alleging inter alia that, he was in financial crunch, therefore, had borrowed Rs.8,00,000.00 from the accused at 5% interest for eleven months. It is alleged that in spite of this fact the accused, under force, had got one Banskantha executed through him in favour of Gorakhbhai Hadabhai resident of Chandwala. Thereafter, on completion of eleven months, calculating the interest on the total amount of Rs.8,00,000.00, the complainant made a coercive demand of Rs.17,00,000.00 and threatened to kill him and his son.