NARENDRA MOHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Pinak Raiyani for learned Advocate Mr. Hriday Buch for the petitioners, learned APP Ms. M.D. Mehta for the respondent-State and learned Advocate Mr. Nishith Patel for learned Advocate Mr. Savan Pandya for the respondent No.2.

(2.) By way of this petition the petitioners pray for quashing of FIR being C.R. No.I- 79 of 2015 registered with 'A' Division Police Station, Gandhidham, District Kutch (East) on 13/5/2015 for the offence punishable under Ss. 406 , 420 and 114 of the Indian Penal Code.

(3.) The allegations in the FIR in brief being that the complainant - respondent No.2 is a partner of one Anil Enterprise and whereas they were having a business relationship with one N.N.D. Wood Industries, which according to the complainant, was a partnership firm of which the petitioners as well as the third accused were partners. The firm of the complainant had been given false inducement that the accused would make payment within one month of goods being delivered to them on credit and whereas believing such false inducement, the complainant had supplied woods to the petitioners and had also provided Form-C with regard to the goods in question and whereas the petitioners-accused have not paid the bill valued approximately Rs.1,18,99,303.00. Thus alleging, the impugned FIR came to be registered for the offence punishable under Sec. 406 , 420 and 114 of the IPC.