SHITAL S SHAH Vs. SATTE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 r/w Section 482 of the Code of Criminal Procedure, 1973 the petitioners have prayed for quashing and setting aside the FIR registered as CR No.I-52 of 2004 registered with Kapadvanj Town Police Station, District Kheda for the offences punishable under sections 406, 420 and 34 of Indian Penal Code. It appears from the record of the petition that the present petitioners took advance from respondent no.3 Bank on the basis of bills purchase. It is further alleged in the impugned FIR that even though the petitioners were supposed to pay the amount back the same was not returned back to respondent no.3 Bank.

(2.) It is a matter of record that respondent no.3 Bank also resorted to proceedings provided u/s. 96 of the Gujarat Cooperative Societies Act, 1961 by way of Summary Lavad Suit No. 1090 of 2002 before the Board of Nominees at Nadiad. It appears that after filing of the said suit the impugned FIR came to be lodged on 10.6.2004.

(3.) As pointed out by learned Counsel for the parties, the parties have amicably resolved the issue and therefore the further discussion of the impugned FIR is not necessary. It appears from the record that in the Summary Lavad Case which was filed by respondent Bank against the Company came to be compromised on the basis of purshis filed before the Board of Nominees by judgment and award dated 6.8.2007.