VICKY M. AILANI 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.I-203 of 2014 registered with Kagadapith Police Station, Ahmedabad for the offence punishable under Ss. 406 and 420 of the Indian Penal Code and further proceedings arising thereof.

(2.) Seeking quashment of FIR which has culminated into charge-sheet, learned advocate Mr.Bagga 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 certain goods were sold by first informant to the petitioner and amount has not been repaid by the petitioner and therefore, FIR is filed. 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.Bagga 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.) Learned advocate Mr.Brahbhatt for the respondent - first informant after reading FIR in question raised multiple submissions. Firstly, he submitted that FIR disclose essential ingredient of Sec. 406 and 420 of IPC. In typical modus operandi the petitioner having developed trust with traders of New Cloth Market purchased goods / cloths on credit and then did not repay the amount to them. He further submitted that the petitioner has admitted before the concerned police station that he shall pay outstanding amount of goods sold within two months, in total six months, but he has not fulfilled his promise and did not pay outstanding dues. He further submitted that it can be understand that if one person is duped, he can file civil suit but in the case on hand, several persons trading in New Cloth Market have been duped by the petitioner in typical modus operandi. Therefore, it is submitted that essential ingredient of Sec. 406 and 420 of IPC is made out. Therefore, he submits to dismiss the petition.