HARISH BABURAM MEHRA Vs. HASHMUKHLAL CHAMBALAL SHAH

JUDGEMENT

(1.) The petitioner ? original accused No. 2 has filed this petition under Section 482 of the Criminal Procedure Code praying for quashing and setting aside the Criminal Case No. 803/1994 pending before the Learned Metropolitan Magistrate, Court No. 10, Ahmedabad filed by the present respondent No. 1 for the alleged offences punishable under Sections 406, 420 & 114 of Indian Penal Code.

(2.) This Court has admitted the petition and granted interim relief in terms of para 14 (B) of the petition vide order dated 14.07.1997.

(3.) Mr. B.B. Naik, learned advocate appearing for the petitioner has submitted that the complaint filed by the respondent No. 1 does not make out any case against the petitioner. The complaint filed by the respondent No. 1 is false and frivolous so far as the petitioner is concerned and the allegations are got up one. He has further submitted that since the respondent No. 1 is not in a position to get anything from the accused No. 1, the present complaint is filed by joining the present petitioner as original accused No. 2 to bring pressure on original accused No. 1 to give the delivery of shares or to extract money more than the value of the shares purchased by the respondent No. 1. He has further submitted that the complaint filed by the respondent No. 1 does not make out any case against the petitioner and, therefore, the complaint and order issuing process against the petitioner are required to be quashed and set aside.