ANIRUDDHSINH PRATAPSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Application has been filed by the Applicant (Original Accused No.6) under Sec. 482 of the Code of Criminal Procedure 1973 for quashing of First Information Report being I-C.R. No. 384 of 2013 registered with 'A' Division Police Station, Rajkot.

(2.) Learned Advocate Mr. Karna H. Dhomse appearing for the Applicant submits that the present Applicant has been falsely implicated in the present offence. The Applicant has never obtained any loan from Respondent No.2 - Gruh Finance Limited (Original Complainant) [hereinafter referred to as "Respondent - Gruh Finance"]. It was actually the father of the Applicant and the Accused No.1 in the FIR who had obtained the loan from the Respondent No.2 - Gruh Finance though the property in question was pending in the name of the present Applicant, by suppressing the said fact. He further submitted that though the Applicant had not obtained any loan from the Respondent - Gruh Finance, he has paid a sum of Rs.63,29,962.00 to the Respondent - Gruh Finance and the receipt of the said amount has been duly acknowledged by the Respondent - Gruh Finance vide letter dtd. 25/4/2019. He also submitted that the present Applicant has also lodged a private complaint against his own father who also is Accused No.1 in the present case. He therefore submitted that considering the fact that the Applicant had not obtained any loan from the Respondent - Gruh Finance and despite the same he has paid the aforesaid amount to the Respondent - Gruh Finance and therefore no offence as alleged in the FIR has been made out against the Applicant. He therefore submitted to allow the present Application.

(3.) Learned APP Mr. Hardik Soni has opposed the present Application inter alia contending that the loan was obtained from the Respondent - Gruh Finance under the false pretext by the present Applicant and Accused No.1 in connivance with each other and thus the Respondent - Gruh Finance has been duped for the large amount. It was therefore submitted to dismiss the present Application.