NITINKUMAR CHUNILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application the applicant herein (original accused) has prayed for quashing of FIR bearing C.R. No.I-25 of 2017 registered with Jalalpor Police Station, Navsari for the offences punishable under Ss. 420, 465, 468, 471 and 114 of the Indian Penal Code.

(2.) Heard Mr. Dakshesh Mehta, the learned advocate appearing for the applicant No.2, Ms. Maithili Mehta, the learned APP appearing for the respondent No.1 - State and Mr. Premal Joshi, the learned advocate appearing for the respondent No.2 - original complainant.

(3.) The respondent No.2 - original complainant filed the impugned FIR inter alia alleging that the complainant is residing at Ahmedabad and working as Regional Director and having his daughter, son and mother of the complainant is residing at Maroli Bazar. The father of the complainant had four shops No.1/1, 1/2, 1/3 and . Out of these four shops, two shops were given on rent in the year 2004 by way of rent agreement to Nitinkumar Chunilal Shah -accused - applicant herein. The complainant's mother is residing in the same shop in their house. After the death of father of the complainant on 30/12/2015 in September, 2016 the complainant asked for copy of the rent agreement from the applicant No.1, but it is the allegation that the applicant No.1 denied to give copy of the rent agreement, therefore by ITR application the complainant sought for copy from the Food and Drug Department from where the applicant No.1 drug license for his chemist shop. At that point of time, one notarized consent letter was found from the sets of the documents which were received through the RTI application. On receipt of the said letter the complainant asked the mother and verified that she had signed this consent letter before the Notary. The complainant's mother stated that she had never gone before the Notary to sign the said consent letter. The aforesaid resulted in filing of the impugned FIR being C.R. No.I-25 of 2017.