LAWS(GJH)-2022-1-919

PRAKASH SHESHMALJI JAIN Vs. STATE OF GUJARAT

Decided On January 11, 2022
Prakash Sheshmalji Jain Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this petition filed under Sec. 482 of the Code of Criminal Procedure, the petitioners have prayed to quash and set aside the impugned complaint being C.R. No. I - 154 of 2016 dtd. 19/12/2016 registered with Kheda Town Police Station, Kheda for the offences punishable under Ss. 420 , 427 and 114 of IPC and all consequential proceedings initiated in pursuance thereof.

(2.) The facts, in a nutshell, as emerging from the record are as under;

(3.) Learned Senior Advocate Mr. B. B. Naik appearing with Mr. V. M. Pandya for the petitioners submitted that by filing the impugned complaint, the respondent-complainant has given the civil disputes between him and the petitioners a criminal color. The petitioner No.1 and the respondent-complainant were doing business on partnership basis since the year 1984. It was submitted that under the partnership, the respondent- complainant had to look after the construction works whereas the petitioner No.1 had to arrange the finances.