GORDHANBHAI MAVJIBHAI SEJALIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioners have prayed for quashing and setting aside FIR being C.R.No.I - 132 of 2015 registered with Kadodara GIDC Police Station, for the offences punishable under Ss. 406,420, 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein.

(2.) Brief facts of the case are as under:-

(3.) Learned advocate Mr. Bomi Shethna appearing for learned advocate Mr. Daifraz Havewalla for the petitioners accused argued that the allegation in the FIR does not make out any offence of criminal breach of trust or cheating. The FIR refers that the petitioners have not repaid Rs.15.00 lakh being part of sale consideration for the agreement to sell executed in sauda chitthi for the disputed land. It is sought to be submitted that as per the FIR since Rs.15.00 lakh was not repaid and no sale deed was executed qua the land sold through agreement to sell, the petitioners have committed the offence of criminal breach of trust and cheating as defined in Sec. 405 and 415 of the IPC having punishment defined in Sec. 406 and 420 of the IPC, however, intention to cheat or breach trust since inception is missing. He would further submit that the FIR is filed to create pressure upon the petitioners. It is also sought to be submitted that FIR spells that pure civil dispute has been converted into criminal liability. The unpaid amount, if any, cannot be called to criminal prosecution u/s 406 and 420 of the IPC.