VIPULBHAI NAROTTAMBHAI BHOYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of rule for respondent no.1 and learned advocate Mr.Minhaj Shaikh waives service of rule for respondent no.2.

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

(3.) Heard learned Senior Advocate Mr.Zubin Bharda for the petitioner, learned advocate Mr.Minaj Shaikh for complainant and learned APP Mr.Soham Joshi for the respondent State. Learned advocate Mr.Bharda for the petitioner submitted that it is case of civil nature. It is further submitted that first informant has given color of criminality to case of civil nature. He would further submit that for establishing offence of criminal breach of trust and forgery, there is no necessary averments coming out from the bare reading of FIR. It is submitted that on reading FIR, prima facie it appears that notice is issued under civil nature for recovery of amount of Rs.10.00 lakhs. It is completely commercial transaction which is converted into criminality. Referring to MOU stated in the FIR, it is submitted that first informant who was expected to give 100% advance payment, has not paid entire amount for purchasing 120 ton Basmati rice but paid Rs.10.00 lakhs only instead. It is further submitted that as per MOU executed between the parties, order process will start only after advance payment of entire amount but in the present case, complainant has not paid 100% advance payment. Therefore, the petitioner has not started process for releasing 120 Ton basmati rice. It is also argued that whether it is breach of MOU or not, could only be decided in the civil litigation. By no means, for such transaction criminal proceedings is maintainable. He further referred to Annexure B, certificate of Importer Exporter Code issued by Government of India, whereby, Mr.Vipulbhai Bhoya is stated to be proprietor of Asian Traders. It is submitted that in this circumstances, arraigning father of Mr.Vipulbhai as accused is pressure tactics adopted by the complainant. Mr. Narottambhai Bhoya has nothing to do with alleged transaction.