BHAVESH DHIRAJLAL THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since the issues raised in all the captioned applications are interrelated and the prayer is also to quash the selfsame first information report, those were heard analogously and are being disposed of by this common judgment and order.

(2.) The applicants before me are the original accused persons, against whom, a first information report being II-C.R. No.222 of 2015 came to be registered with the 'B' Division Patan City Police Station for the offence punishable under sections 504 and 507 of the Indian Penal Code and section 3(1) (x) of the Atrocities Act and section 33 of the Bombay Money Lenders Act.

(3.) The case of the prosecution may be summarized as under; 3. 1 The respondent No.2, namely, Alpeshkumar Pasabhai Parmar, a member of the scheduled caste, lodged the first information report stating that he was dealing in the sale and repair of the electric appliances. Over a period of time, he developed friendship with the applicants. The applicants are said to have been in the business of buying and selling old cars. The first informant had borrowed a sum of Rs. 5,00,000/- at the rate of 10% interest from one Bhavesh Thakkar, i.e., the applicant of the Criminal Misc. Application No.14192 of 2015.It is the case of the first informant that a sale-deed was executed by him in favour of the accused, i.e., Bhavesh D. Thakkar of an open land situated behind his shop. According to the first informant, he used to pay Rs. 50,000/- per month towards the interest. However, past two months from the date of the registration of the first information report, he could pay the amount of interest as he was in the financial difficulty. It is alleged that the applicants threatened the first informant with dire consequences if he would make the payment. It is also alleged that the first informant was forced to sign certain blank cheques. It is alleged that bad words were uttered relating to the caste of the first informant on mobile. On account of the stress created by the applicants, the first informant even made an unsuccessful attempt to commit suicide by consuming poison.