SHAILESH ANILBHAI RADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as ' Cr.P.C .') for quashing and setting aside the First Information Report bearing I- C.R. No.41 of 2013 registered with D.C.B. Police Station, Ahmedabad for the offences punishable under Ss. 406 , 409 , 384 , 504 and 114 of the Indian Penal Code as also the charge-sheet and the proceedings of Criminal Case No.185 of 2014 pending before the Court of the learned Additional Metropolitan Magistrate, Court No.11, Ahmedabad.

(2.) Learned Senior Counsel Mr. Yogesh S. Lakhani assisted by learned Advocates Mr. Kshitij M. Amin and Mr. Rahul Dholakia for the applicant has questioned the jurisdiction of the Cyber Crime Cell. While referring to the judgment of the Hon'ble Apex Court in the case of Y. Abraham Ajith and Others v. Inspector of Police, Chennai reported in 2004 (8) SCC 100, it is submitted by learned Senior Counsel Mr. Yogesh S. Lakhani that the place of enquiry or trial will generally be within the local jurisdiction where the offence is committed. It is further contended that without any allegations of any cyber crime in the impugned First Information Report, the Cyber Crime Cell, Ahmedabad City has registered the First Information Report. It is submitted that the registration of the First Information Report should be in accordance with the territorial jurisdiction as no cause of action has arisen and that itself would be a preliminary ground for quashing of the complaint.

(3.) Adverting to the facts of the case, learned Senior Counsel Mr. Yogesh S. Lakhani submitted that the applicant is shown to be the Director of the company - M/s. MPRS Shipping & Logistics Pvt. Ltd., Mumbai. The complaint has been made by Prabhuram Shivram Patel, who is the father of the head of M/s. Rainbow Exports, i.e. Bhavinkumar Prabhuram Patel. Referring to the complaint, it is submitted that M/s. Rainbow Exports is in the business of foreign exports and sends cargoes as per the instructions of the customers and for that purpose would approach a booking and forwarding Agent, who would work as per the instructions of the export company. It is also submitted that as per the First Information Report, the complainant had approached the applicant who is stated to be the Director of M/s. MPRS Shipping & Logistics Pvt. Ltd., Mumbai a forwarding company, based in Mumbai for exporting from India to worldwide destinations. The complainant has alleged of fraud by accused of charging higher expenses. It is also submitted that the facts suggest that on 29/2/2012, M/s. Rainbow Exports had exported hulled sesame seeds to Greece. The applicant's company - M/s. MPRS Shipping & Logistics Pvt. Ltd. approached the shipping line to export the container at Greece and according to the complaint, the Bill of Lading No. HLCUMU1120204633 was to be given to the complainant. It is alleged that it was not handed over by the applicant to the complainant but the bill of lading came to be retained on the ground of non-payment of dues.