MANISHBHAI JALAMCHAND JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure (for short "the Code"), the applicant seek quashing of the FIR registered as C.R.No.11210055210303 of 2021 registered with Salabatpura Police Station, Surat for the offence punishable under Ss. 406, 420, 120B, 504 and 506(2) of the Indian Penal Code and further proceedings arising thereof.

(2.) Seeking quashment of FIR, learned advocate Mr.Qureshi for the petitioner submitted that on plain reading of FIR, it fails to disclose any essential ingredient of criminal breach of trust or cheating defined in Sec. 405 and 415 of IPC having punishment defined in Sec. 406 and 420 of IPC. He would submit that FIR on its face value indicates that before two years of lodging FIR, complainant came in contact with other two traders from Hyderabad City and said two traders came in contact with complainant through present applicant who has acted as broker. He would submit that it is pure civil transaction. FIR can be best plaint in civil suit but it is given cloak of criminality. It is further submitted that in absence of any essential ingredient of Sec. 406 and 420 of IPC, civil transaction has been given color of criminality. Therefore, it is submitted to quash the FIR. In support of his submission, learned advocate Mr.Qureshi has relied on judgment of Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd. v/s. State of Uttar Pradesh [2024 INSC 626].

(3.) Though notice is served to respondent no.2 - complainant, none remained present.