JAYANTIBHAI GANESHBHAI MAJIRANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('Code' for short) the applicants have prayed for the following reliefs:

(2.) The brief facts leading to filing of this application are such that the applicant no.1 and respondent no.2 knew each other for five years and the respondent no.2 exhibited his intention to sell his four wheeler being Toofan car bearing registration no.GJ-8Z- 2545 and it was agreed that the petitioner no.1 shall pay Rs.3.60 lacs to the respondent no.2 for the same and the respondent no.2, in turn, will clear all the outstanding amount of loan availed by him. As agreed, the petitioner no.1 paid the amount of Rs.3.60 lacs to the respondent no.2 and the respondent no.2 handed over the vehicle to the petitioner no.1 and also executed one document on stamp paper of Rs.100.00. Thereafter, inspite of repeated reminders, the respondent no.2 did not pay the outstanding amount of loan and the finance company persons used to threaten the petitioner no.1 that they will take away the vehicle if the amount is not repaid. The petitioner no.1 approached the respondent no.2 and requested to pay the outstanding amount, however, the respondent no.2, with a view to see that he need not make the payment and also to get back his four wheeler, approached the police authorities and registered the FIR being C.R.No.I-4/2017 dtd. 18/1/2017 with Deesa North Police Station for the alleged offences punishable under Ss. 5(1), 33(3) of the Gujarat Money Lending Act as well as under Ss. 384, 294- B, 506(2) r/w Sec. 114 of the Indian Penal Code. Hence, this application is filed for quashing of the said FIR.

(3.) Heard learned advocate Mr.Majmudar for the applicants, learned APP Mr.Joshi for the respondent no.1 and learned advocate Mr.Chaudhary for the respondent no.2.