ANIL VIJAY KAUSHIK Vs. ANIL VIJAY KAUSHIK

JUDGEMENT

(1.) By way of this petition filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure (for short, "the Cr.P.C."), the petitioner has prayed to quash and set aside the complaint being FIR No.11191067210070 registered with Cyber Crime Police Station, District: Ahmedabad for the offences punishable u/s. 420, 465, 467, 468, 471, 472 and 120(B) of IPC and under Sec. 66(C) and 66(D) of Information Technology Act as well as Charge-sheet as C.C. No.98822/2021 and all other consequential proceedings.

(2.) The brief facts of the present case are that during January 2020 to March, 2021 unknown person giving his name Sanjay Mishra has given false introduction as supply chain head at L&T Ship Building, Faridabad and unknown person viz. Abhinav Tiwarin the person of Sanjay Mishra has made business conversation with the complainant in the name of L&T Ship Building, Faridabad and obtaining bills related to business of transport from the complainant and falsely stating that Broker Devidas Nagle of Gangotri Trailer Transport has put up the trailers, the said persons have together planning per-planned criminal conspiracy, obtaining assurance and trust of the complainant and falsely stating that Gangotri Trailer Transport Broker Devidas Nagle has put up trailers, receiving large sum of amount of Rs.12,85,84,700.00 other than T.D.S. in the name of business from the complainant and paying an amount of Rs.6,00,30,700.00 to gain the assurance and trust of complainant, not paying rest of the amount of Rs.6,98,25,505.00.

(3.) Learned advocate Mr. Vishal Sinha appearing with learned Advocate Mr.Shailesh Desai for the petitioner submitted present applicant has no any connection with the said offence and he is innocent and was wrongly dragged in this offence. Looking to the FIR, there is no name of present applicant as an accused and in course of police investigation, present respondent no.2 (i.e. original complainant) has dragged wrongly in present applicant herein and it is requested to stay warrant or arrest warrant, if any issued by the police concerned or learned Additional Chief Judicial Magistrate, City Court, Ahmedabad against the present applicant under Sec. 70 of Cr.P.C. He submitted that as per the charge-sheet no any specific role attributed to the present applicant and present applicant has not taken any part in the said money transaction. He also submitted that original accused have made false confessional statement against this applicant without any supportive documents and thus, the present applicant is not involved in present transactions of money. It is further submitted that present applicant is unknown to the accused persons and not participated in the said offence. He therefore submitted that there is nothing to show that any incident had taken place due to which the complainant out of fear could not get the FIR registered and therefore also, this is a fit case where discretion deserves to be exercised in favour of the applicant.