LAWS(GJH)-2015-1-263

STATE OF GUJARAT Vs. YOGESH JAGANNATH RAVAL

Decided On January 22, 2015
STATE OF GUJARAT Appellant
V/S
Yogesh Jagannath Raval Respondents

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant ­ original accused seeks to invoke inherent powers of this court praying for quashing of the First Information Report registered with the Naranpura Police Station, Ahmedabad vide I - CR No.135/2012 of the offence under Sections 406, 420, 423, 506(1), 294 -B of the Indian Penal Code.

(2.) The case of the prosecution in brief is as under: -

(3.) Mr. M.J. Parikh, the learned advocate appearing on behalf of the accused -applicant vehemently submitted that no cause survives for the police to investigate the FIR as, first the agreement to sell referred to in the FIR was revoked by way of a written document dated 25th November, 2009 and at that point of time the accused applicant refunded Rs.15 lacs to the respondent no.2 and also issued 5 account payee cheques each of Rs.5.00 lac. Mr. Parikh submits that however, the respondent no.2 demanded amount in cash so far as the cheque amount were concerned and for that purpose he had filed a complaint before the CID Crime. The applicant -accused thereafter paid an amount of cheque to the respondent no.2 by way of cash.