ANKIT RAJENDRAPRASAD AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application filed by the applicant prays to exercise inherent jurisdiction under Sec. 482 of the Code of Criminal Procedure and to quash the complaint being Criminal Case No.69259 of 2013 pending before learned Judicial Magistrate First Class, Surat and all consequent proceedings qua present applicant including the process which came to be issued under Sec. 204 of the Criminal Procedure Code.

(2.) It is the case of the complainant that there was a business transactions between the applicant and the Respondent No.2 - complainant with regard to the selling of Copper Kethod goods. It is alleged in the complaint that after selling of the aforesaid goods to the applicant, 'C' Form was not supplied and due to the same, the complainant occurred loss of Rs.5.00 Lacs and has to deposit the amount with interest to the Sales Tax Department. Complainant submitted that by doing the said act, applicant had committed the offence under Sec. 420 of Indian Penal Code.

(3.) Mr.Dave, learned advocate for the applicant relied on the decision rendered by Hon'ble Supreme Court in the case of Anil Ritolia @ A.K.Ritolia v/s. State of Bihar reported in 2007 (0) AIJEL-SC-39828.