VIPULBHAI MANUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioners prayed for quashing and setting aside FIR being C.R.No. 11210060201023 of 2020 registered with Varachha Police Station, Surat City 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 appearing for the petitioner would submit that, even if the allegations in the FIR are taken at their face value and accepted in their entirety, the same do not disclose the essential ingredients of the offences alleged, particularly under Ss. 406 and 420 IPC. It is urged that the dispute, at best, partakes the character of a civil transaction relating to business dealings, which has been given a criminal colour to exert pressure upon the petitioner. It is further contended that there is no material on record to show any dishonest or fraudulent intention ab initio so as to attract Sec. 420 IPC. Similarly, there is no entrustment or misappropriation as required under Sec. 406 IPC.