YUNUS NOORMOHAMED DAUWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed u/s 482 of the Code of Criminal Procedure (in short "Code") for quashment of FIR No.142 of 2013 filed before Vagdod Police Station, Patan for the offences punishable u/s 394, 406, 420, 506(2) and 114 of the IPC r/w sec. 135 of the G.P. Act qua present petitioners.

(2.) It is the case of the original complainant that accused No.1 Abdulrehman and the petitioner No.1 purchased juvar and bajri grass from the complainant worth Rs.3,20,000.00 and promised them to make payment shortly. Thereafter, respondent No.2 gave them grass of Rs.3,47,000.00 and has given two cheques. It is further alleged in the FIR that in absence of payment being received, the complainant has deposited cheque with the bank and the same was returned by the bank with an endorsement "insufficiency of funds" The complainant therefore, asked the accused to pay the amount. At that time, the accused told the complainant not to deposit cheque into the bank and will pay the amount after arranging from Bombay and therefore, the complainant has not deposited other cheque in the bank, but the accused did not stand to his promise and make the payment. Therefore, the complainant went to the field of the accused for demanding money and at that time, all the accused including the main accused Abdulrehman were present in the field and when the complainant has demanded money from the accused, all the four accused, in connivance of each other, started speaking filth and they were also excited and accordingly, main accused Abdulrehman took knife in his hand attacked on the complainant and other witnesses and at that time, all the four accused have caught hold of the complainant and the main accused Abdulrehman threw the complainant on the ground and looted gold chain worth Rs.1,20,000.00. Said incident came to be registered before Vagdod Police Station being C.R. No.142 of 2013. Present petition is filed inter alia on the ground to quash the impugned FIR.

(3.) Heard learned advocate Mr. Rathod appearing for learned advocate Ms. Shah for the petitioners and learned APP Mr. HK Patel for the respondent State.