GULABBHAI DAMODARBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application has been filed under Section 482 of the Criminal Procedure Code (for short Sthe Cr.P.C. ) by the petitioner original accused for an appropriate order quashing and setting aside the complaint being criminal complaint No. 0/227 of 2003 registered before the Chief Judicial Magistrate, Vadodara.

(2.) A criminal complaint has been filed by the respondent No.2 herein in the Court of Chief Judicial Magistrate, Vadodara being Criminal Complaint No.0/227 of 2003 against the petitioner original accused for the offence punishable under Sections 406, 420, 465, 467, 468 and 471 of the Indian Penal Code. In the said complaint, learned Chief Judicial Magistrate, Vadodara has passed an order for inquiry under Section 202 of the Cr.P.C. and has directed the P.I., Gorva Police Station, Vadodara City to submit the report. Being aggrieved and dissatisfied with the same, the petitioner original accused has preferred the present application under Section 482 of the Cr.P.C.

(3.) Ms.Avani Mehta, learned Advocate appearing on behalf of the petitioner original accused has submitted that for the same offence and on the same cause of action, earlier one criminal complaint was filed in the Court of Chief Judicial Magistrate, Vadodara being Criminal case No. 0/67 of 2002 by one Hardik Trading Company through Smt.Yoginiben Parekh, wife of respondent No.2 original complainant and in that complaint, the learned trial Court passed an order for inquiry under Section 202 of the Cr.P.C. and the P.I., Gorva Police Station, Vadodara City submitted the report to the learned Chief Judicial Magistrate, Vadodara submitting that no case is made out against the petitioner and considering the same, the learned Chief Judicial Magistrate, Vadodara dismissed the said complaint under Section 203 of the Cr.P.C. Therefore, it is submitted that once the offence and the complaint was investigated by the concerned Investigating Officer and report was submitted, second complaint for the same cause of action and the offence is not maintainable. Therefore, impugned complaint requires to be quashed and set aside. It was submitted that in the previous complaint being No. 0/67 of 2002, it was found after inquiry/ investigation that no case of cheating is made out, second complaint for the same cause of action is not maintainable. Therefore, it is requested to quash and set aside the impugned complaint.