GUMANSING PRATHVISING PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) I have heard learned advocates for the respective parties and learned APP Mr. Manan Maheta for the respondent-State.

(2.) Since the issues involved in all these three petitions are similar in nature and arise out of connected facts, they are heard together and are being disposed of by this common order. Learned advocates appearing for the respective parties have independently advanced their submissions, whereas the learned Additional Public Prosecutor has appeared commonly for the respondent-State in all the petitions.

(3.) Learned counsel for the petitioners submits that, upon a plain reading of the FIR, it becomes evident that the dispute arises out of a civil transaction, and no prima facie case of criminal offence is made out. It is further contended that the essential ingredients constituting the offences of criminal breach of trust and cheating, as alleged in the FIR, are conspicuously absent.