HARISH P ALWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present revision application u/s.397 r/w. 401 of the Code of Criminal Procedure, the petitioner - complainant has prayed to quash and set aside the order dated 21/12/2012 passed by learned Metropolitan Magistrate, Court No.23, Ahmedabad in Criminal Inquiry Case No.10 of 2012, by which, learned Judge has dismissed the complaint filed by the petitioner herein u/s.203 of the Code of Criminal Procedure.

(2.) MR .Samir Afzalkhan, learned advocate appearing on behalf of the petitioner, at the outset, submitted that though it was alleged in the complaint that the petitioner was ready and willing to produce the details about transactions by producing Bank account, through oversight and bonafide mistake, the said willingness was not shown when verification was recorded by the Trial Court on 02/04/2012. He submits that in absence of sufficient material produced at the time of lodging the FIR as well as at the time of deposing before the learned Trial Court, learned Judge found that the petitioner herein ­ original complainant could not produced sufficient material to prove his case, which was lodged as Criminal Inquiry Case No.10 of 2012. He submits that the matter may be remanded to the learned Metropolitan Magistrate with a permission to produce an additional documents in the form of Bank account. He further submits that his complaint may not be dismissed, on a mistake committed by him while deposing before the Court.

(3.) I have perused the complaint as well as the order passed by the learned Trial Court. It appears from Para -7 of the complaint that the petitioner has shown his willingness to produce a list of transactions, by which, he wanted to prove that the accused persons have committed an offence punishable u/s.407, 409, 420, 464, 467, 468, 474 read with 120 -B of the Indian Penal Code. I do not find any reason to interfere with the impugned order passed by learned Trial Court, however, in the interest of justice, it would be desirable to remand the matter to the learned Metropolitan Magistrate and permit the petitioner to produce an additional documents before learned Metropolitan Magistrate. Learned Metropolitan Magistrate shall consider the case of the petitioner herein ­ original complainant de novo, without being influenced by the observations made by learned Trial Court in the order dated 21/12/2012 passed in Criminal Inquiry Case No.10 of 2012 as well as the present order passed by this Court allowing the present application.