KAMESHBHAI NIRANJANBHAI SOPARIWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, the petitioner prays for quashing and setting aside the closure report of the respondent No. 3 and further prays for appropriate direction to the respondents to register the written complaint dtd. 16/12/2019 given by the petitioner.

(2.) The petitioner is the power of attorney holder of Smt.Narmadaben Jayantilal Patel, who is proprietor of Robin Tex and Shri Kaushikkumar Jayantilal Patel, who is proprietor of Anmol Enterprise engaged in the business of manufacturing and selling of art silk and gray garments since last 10 years. The petitioner came in contact with accused Nos.1 and 2 through the accused No.3, who is broker in cloth market. Accused No. 3 introduced the accused Nos.1 and 2 as proprietors of Durga Fashions. Accused Nos.1 and 2 informed the petitioner that they are father and son and they are having shop/office/go down at Saroli, Surat and they are engaged in dyeing and printing works on gray garments and sarees and they purchase huge quantity of gray garments from market. The accused Nos.1 and 2 assured the petitioner that if the petitioner sells gray garments to accused Nos.1 and 2, the petitioner will earn huge profits and also assured of regular payments. Because of such assurances and promises, the petitioner in capacity of proprietor of Robin Tex and Anmol Enterprise, supplied huge quantity of gray garments total worth of Rs.35,87,300.00during the period between February, 2 017 to March, 2 017 and after supply of such product, the petitioner raised invoices vide Invoice No.79 to 110 and Invoice No.83 to 100 respectively.

(3.) Learned advocate for the petitioner has submitted that it was obligatory on the part of the respondent authorities to register the complaint against the proposed accused as named in the written complaint given by the petitioner on 16/12/2019 In support of his submission, he has placed reliance on the decisions of the Apex Court in the cases of Lalita Kumari Vs. state of Uttar Pradesh, (2014) 2 S.C.C. 1 and State of Telancrana Vs. Habib Abdullah Jeelani, (2017) 2 S.C.C. 779.