JAGDISHBHAI SHAMJIBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application filed under Sec. 482 of Cr.P.C., the applicant has prayed to quash and set aside the complaint being FIR No.11210048220924 registered with Umra Police Station, Surat City under Sec. 420 and 114 of IPC and all consequential proceedings, if any, initiated in pursuance thereof.

(2.) It is alleged in the impugned FIR that respondent No.2- complainant and her family members desired to visit Europe in the month of October 2022 and therefore, she visited a tour operator in the name of "Surbhi Holidays" run by the applicant and his son on 28/9/2022. As per the discussion, it was decided to book a trip of 13 days starting from 26/10/2022 and for that purpose, initially, the respondent No.2 had given Rs.12.00 Lacs to the applicant and his son and thereafter, Rs.7.00Lacs on 10/10/2022. Against the said payments, Receipts were also issued in favour of respondent No.2. The respondent No.2 was informed that she would get the air tickets and other details on 21/10/2022. However, the promise was not fulfilled. On the next day, when the respondent No.2 attempted to contact the applicant / his son, they were not traceable. Therefore, the impugned FIR came to be filed.

(3.) Heard learned advocate for the applicant and perused the material on record. As per the allegations made in the impugned FIR, the applicant / his son had received Rs.19.00 Lacs in cash from the respondent No.2, for which necessary Receipts were also issued in favour of respondent No.2. The said payment was made towards the Air Tickets, Hotel reservations, Money conversion, etc. for the Europe trip. However, even after receiving the amount, the applicant / his son had not fulfilled their commitment and in fact, went untraceable when the respondent No.2 tried to contact them. Thus, from the allegations made in the impugned FIR, prima facie, the ingredients of the offence alleged are present in this case. Hence, this Court finds no reasons to entertain this application.