RAFIQ AJITBHAI THEBA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocates waive service of notice of Rule on behalf of the respective parties. With the consent of the parties, the matter is heard finally today.

(2.) This petition has been filed under Article 226 and 227 of the Constitution of India as well as Section 482 of the Code of Criminal Procedure with a prayer to peruse the legality and validity of the judgment and order dated 02.04.2018 passed by the Judicial Magistrate, First Class, Tankara and order passed by the Sessions Judge, Morbi on 01.11.2018 in Criminal Revision Application No.19/2018; with further prayer to declare the same as illegal, unjust, arbitrary, suffers from the vice of non application of mind, exceeding in jurisdiction, so as to have partly allowed the Criminal Inquiry; with the prayer to direct the learned Judicial Magistrate to issue summons under Section 365, 506(2), 161, 165A of IPC and under the provisions of Money Lending Act; further prayer is also made to direct the Judicial Magistrate to issue summons against the accused no.9 who is respondent no.10 in the present matter.

(3.) It is the case of the petitioner that, he is doing agricultural work for maintaining his family. In order to purchase fertilizer and seeds for carrying out cultivation, the petitioner was in need of money. Therefore, three years ago he had borrowed Rs.1,00,000/- at 1% interest from respondent no.3. It is stated by the petitioner that he had repaid this amount along with interest, still however, respondent no.3 kept on demanding 10% interest from the petitioner and was threatening him.