SANJAYBHAI KANTILAL JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure,1973, has been preferred with the prayer to quash and set aside the First Information Report being C.R. No. 147 of 2012 registered on 17.2.2012, before the Shaher Kotda Police Station, Ahmedabad, for the offences punishable under Sections 489-B and 489C of the India Penal Code.

(2.) The case of the prosecution, in brief, is that one Mr. Jagdishbhai Panchal, had paid fine of Rs.500/- before the Metropolitan Magistrate, Court No.26, (Mobile Court), Ahmedabad, on behalf of the present applicant upon his pleading guilty in connection with Non-cognisable offence registered against him. The said fine was paid by Mr. Jagdish Panchal by tendering a currency note of Rs.500/- , which was deposited by the complainant with the State Bank of India, Main Branch, Lal Darwaja, Ahmedabad. The said currency note turned out to be a 'forged' one and was returned to the complainant by the cashier of the State Bank of India by affixing a seal of 'Forged'. It is further case of the prosecution that, when the present applicant was informed regarding the same the applicant did not give any satisfactory explanation and therefore, a written complaint was addressed by the Office of the Metropolitan Magistrate, Court No.26 (Mobile Court), Ahmedabad, to the Senior Police Inspector, Shaher Kotda Police Station, Ahmedabad. On the basis of the said written complaint, the First Information Report dated 17.2.2012 being C.R. No. 147 of 2012, came to be lodged.

(3.) Heard Mr. Vaibhav A Vyas, learned advocate for the applicant and Mr. K.L. Pandya, learned Additional Public Prosecutor for respondent No.1.