RASIKBHAI MANIBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, applicant has requested to quash and set aside the FIR being CR No. 11191025230083 of 2023 registered with Kagdapith Police Station, District: Ahmedabad City for the offence punishable under Ss. 294(a) and 506(2) of the Indian Penal Code and Ss. 33(1), 33(3) and 42(d) of the Gujarat Money Lending Act as well as all the subsequent proceedings in connection thereof.

(2.) Brief facts of the present case are as under: 2.1 It is alleged in the FIR that complainant borrowed the amount from the applicant in the year 2012 and applicant was receiving the interest every month till 2020 and thereby, the complainant paid amount of Rs.8.00 lacs till 2020 and thereafter, for the remaining amount, respondent no.2 issued cheque for repayment of the said amount in the year 2020 and as the applicant deposited the cheque before the bank, same was returned with endorsement of "Fund Insufficient" and thereafter, upon inquiring about the same, the respondent no.2 started ignoring the applicant and thereafter, applicant issued legal notice thereof and thereafter, after initiating procedure, complaint has been filed under Sec. 138 of the NI Act and despite the knowledge of the proceedings initiated against the respondent no.2, he chosen not to appear before the trial court and sufficient time was given by the learned trial court and even after issuing the warrants against the respondent no.2, he managed to escape from the adjudication and till today, he has not appeared before the court concerned. Therefore, the advocate of the applicant made an application before the trial court on 25/1/2023 for closing the accused's right of making cross examination of the complainant in the criminal case wherein learned trial court be pleased to close the accused's right of making cross examination of the complainant vide order dtd. 20/2/2023. That while keeping the grudge in mind, respondent no.2 has lodged impugned complaint against the applicant. That, being aggrieved by and dissatisfied with the lodging of the impugned FIR, applicant seeks to file this petition for quashment of the FIR.

(3.) Heard learned advocate for the applicant.