LAWS(GJH)-2023-6-1938

HARSH MAHENDRABHAI DHIR Vs. STATE OF GUJARAT

Decided On June 30, 2023
Harsh Mahendrabhai Dhir Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) for quashing the FIR being C.R.No.I-164 of 2016 registered with Puna Police Station, Surat city for the offences punishable under Ss. 420, 406, 384, 504 , 506(2), 120B and 114 of the Indian Penal Code (' IPC ' for short).

(2.) The brief facts leading to filing of this application are such that the applicant is director of a registered company M/s Dhir International Pvt.Ltd., which is doing business in manufacturing garments. The complainant-Gulmohar Fashions and the company of the applicant had entered into commercial transaction and the applicant raised some orders from the complainant company to supply the said materials on various occasions. However, the complainant company, on various occasions, has sent the goods much later than what was promised and also on various occasions the goods were defective. The company of the applicant has faced a lot of difficulties with regard to the goods supplied by the complainant-company. Therefore, the company of the applicant had returned the delayed/rejected goods back to the complainant-company along with a debit note of the said amount, which was received by the complainant- company.

(3.) Heard learned advocates for the parties.