DHANJI VELJI SAVLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition for quashing of complaint and the order passed by the Ld.Magistrate in Criminal Case No.523/03. Heard Mr.Anjaria, Ld.advocate for the petitioner, Mr.Gohil, Ld.APP for respondent-State and Mr.Prajapati for the original complainant.

(2.) It has been submitted on behalf of the petitioner that the ingredients of section 417 of cheating are not satisfied even if the case is proved on the face of complaint. Mr.Anjaria submitted that at the time of settlement there was no inducement and after the settlement if somebody who could be said as cheated would be the son of the petitioner in whose favour the sale deed is executed. Therefore, he submitted that there is no offence made out for cheating as per section 417 IPC and the Ld.Magistrate ought not to have issued process.

(3.) Mr.Anjaria, Ld.advocate for the petitioner relied upon the decision of the Apex Court in the matter of Mobarik Ali Ahmed vs The State of Bombay reported in AIR 1957 SC 857 and the decision of the Apex Court in the matter of Abraham Kuruvila vs S.C.T.Institute of Medical Sciences and Technology and others reported in (2005) 9 SCC 50 for contending that if there is no inducement it would not be a case of cheating. He also submitted that the conduct on the part of the accused is that initially notice was given and thereafter the complaint is filed and therefore he submitted that the complaint deserves to be quashed.