HASMUKHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) praying to quash the FIR being No.11210060212412 of 2021 registered with Varachha Police Station, Surat for the offences punishable under Ss. 406, 409, 420, 506 and 120(b) of the Indian Penal Code and all the further proceedings pursuant to the same.

(2.) The brief facts leading to filing of this application are such that the complainant filed the impugned complaint stating that the complainant was doing land brokerage work with his son and also running business in the name and style of C.R.M.Pharma and Pramukh Enterprise; that he came into contact with one Hasmukhbhai @ Harishbhai Patel S/o Ravjibhai Bhanderi-applicant no.1 herein through his friend Dr.Babubhai Bhanderi in the year 2010 and as they were in the same business, Hasmukhbhai showed some lands to the complainant and that to make a deal with one Mehta Saheb and make payment of Rs.35.00 crores to the farmers, Hasmukhbhai told the complainant that if he will make the payment, he will give good profit to him and within 14 months he will return the payments with profit; that relying on this, the complainant took the amount of Rs.12,50,00,000.00 from his brother-in-law namely Kaushikbhai Dhirubhai Patel and paid by different cheques between 6/8/2012 to 16/1/2013 to the accused for which Hasmukhbhai executed writing on 100/- stamp paper to return Rs.20,00,00,000.00 within 14 months and thereafter on further asking, the complainant paid Rs.22,50,00,000.00 by different cheques between 10/8/2013 to 5/10/2013 to Hasmukhbhai; thereafter, on demand the said Hasmukhbhai gave cheques with amount of Rs.61,00,00,000.00 in the name of the complainant in different names as stated in the complaint on 11/7/2014 and even documents were also executed in presence of two cases that if the cheques returned, the complainant can file case against him; thereafter in the month of August, 2014, seven cheques were deposited, however, the same returned with the endorsement 'stop payment'; that inspite of repeated demands, the said Hasmukhbai did not make the payment and therefore six cases under the Negotiable Instruments Act (' NI Act ' for short) were filed and the same are pending; that the said Hasmukhbhai assures that he will make the payment before 10/4/2015, however, the same was not made and therefore the son of the complainant Harikrushne has filed Summary suit in the Court at Surat and the same are pending; the impugned complaint is lodged for the offences mentioned therein, which is sought to be quashed by way of this application.

(3.) Heard learned advocate Mr.Zubin Bharda for learned advocate Mr.Kishan Daiya for the applicants, learned advocate Mr.Joshi for the respondent no.1-state and learned senior advocate Mr.P.K.Jani for learned advocate Mr.Premal Rachh for the respondent no.2- complainant.