VIKASBHAI SUBHASHCHANDRA KHURANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court has passed the following order on 26/9/2019.

(2.) This is an application filed by applicant praying to quash and set aside the impugned First Information Report (FIR) being I-C.R.No.107 of 2014 registered with Salabatpura Police Station for the offence punishable under Ss. 406 and 420 of Indian Penal Code (IPC) and also to quash and set aside the Criminal Case No.5142 of 2015 pending before the Court of learned Chief Judicial Magistrate, 1st Court, Surat. Respondent No.2 is the complainant, who has filed impugned FIR alleging that complainant having firm in the name and style of Kailash Silk Mill dealing in purchase and sales of tent and decorative fabrics in wholesale basis. It is alleged in the FIR that for last two years, present applicant, Vikas Khurana had purchased tent and decorative fabrics from the shop of the complainant by cheque and cash, by saying that he is doing big business in Delhi and if the complainant does business with him then he would earn good profit and he has taken full responsibility of the transactions by giving trust. It is further alleged in the FIR that accused named in the FIR, who is present applicant, used to order tent and decorative fabrics through phone and/or E-mail. It is alleged in the FIR that during the period between 3/12/2012 to 10/8/2013 goods worth Rs.28,00,179.00 were sent through the different courier and transport services to the accused to Delhi from Surat. Out of the said amount, Rs.54,000.00 were paid through cheque on different dates and the payment of Rs.27,46,179.00 remained unpaid under different invoices. On making inquiry with regard to the unpaid amount, it was conveyed by the accused that the amount is paid to the younger brother, namely, Ishwar Banvarilal Khemka and further inquiring with the brother, it was informed by the brother that he did not receive any money. It is further alleged in the FIR that complainant personally visited the shop of the accused and in October, 2013. However, he was driven out of the said shop and thereafter, he has filed the FIR on 25/5/2014 for the charge punishale under Sec. 406 and 420 of Indian Penal Code and period of offence mentioned from 3/12/2012 to 10/8/2013.

(3.) This Court has issued 'Notice' vide an order dtd. 26/8/2014, however, during the pendency of the petition, the charge-sheet came to be filed on 20/1/2015. Therefore, draft amendment was made and prayer sought to be add to quash the Criminal Case, which was allowed vide an order dtd. 26/9/2019 and this Court had stayed further proceedings of the aforesaid Criminal Case No.5142 of 2015.