AMIT JAYANTILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed by the petitioners under Sec. 397 read with sec. 401 of Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.' for short), for quashing and setting aside the orders dtd. 27/8/2021 passed below Exh.16 in Criminal Case No.3624 of 2021, rejecting the application prayed for not to frame charge, and challenging Exh.17 the framing of charge. Further prayer has been made for holding that the learned Magistrate cannot take cognizance of the alleged offences including the offences under Sec. 193 and 471 of I.P.C. based on private complaint filed by respondent no.2.

(2.) The facts, in nutshell, are narrated hereinbelow:

(3.) The petitioners are the office bearers of Patan Chemist Association and North Gujarat Chemist Association. The opponent - complainant had moved the Chief Judicial Magistrate, Patan stating that he was having the business of medicine in the name of 'Navkar Chemist' and 'Banas Pharma Distributors' in the district of Patan. The association has given a lifetime boycott; as a result his business got closed.