ABDUL RAZAK BAFATISHA FAKIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused No.1 seeks to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.12314 of 2008 pending in the Court of the 2nd Additional Senior Civil Judge and Judicial Magistrate First Class, Gandhinagar, arising from a First Information Report bearing I­C.R. No.44 of 2006 registered at the Pethapur Police Station, District: Gandhinagar for the offence punishable under Sections 406, 420 and 409 of the Indian Penal Code.

(2.) The case of the prosecution may be summarized as under:

(3.) Mr. Thakkar, the learned senior advocate appearing for the petitioner submitted that thirty two members including the first informant had given their consent to allot the work of construction to a private contractor as they had individually obtained loan of Rs.2,10,000/­. He submitted that as agreed, each member had issued an account payee cheque to the Bank at the time of obtaining loan. He submitted that the contractor submitted its progress report of the first installment of Rs.44,000/­ for each of the plot i.e. for carrying out construction upto the plinth level of the house. He submitted that the Bank, after proper verification of the work undertaken by the contractor, made payment to him through the Demand Drafts. Mr. Thakkar laid much stress that the amount was being paid by the Bank to the contractor.