KANHAIYALAL @ KANHAIYALAL KEVALDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for the sake of convenience) for quashing and setting aside the complaint being Criminal Case No.16080 of 2012 filed before the Judicial Magistrate First Class, Surat.

(2.) Heard learned advocate Ms. Kruti M. Shah for the applicants, learned APP Mr. D. M. Devnani for the respondent - State and learned advocate Mr. Hardik J. Jani for respondent No.2.

(3.) Learned advocate for the applicants submitted that the impugned complaint being Criminal Application No.872 of 2011, which culminated into Criminal Case No.16080 of 2012, has been filed by the present respondent No.2 - original complainant before the learned Judicial Magistrate First Class for the offences punishable under Sections 406, 420, 506(2), 392, 393, 394, 120B and 114 of Indian Penal Code against the present applicants. It is alleged in the said complaint that with regard to the business transaction on the date of the incident i.e. on 21.09.2010, the applicants accused came to the office of the complainant and forcibly took away 10 signed cheques from the drawer of the complainant for which the complainant has given a written complaint to Salabatpura Police Station and to the Commissioner of Police, Surat city. However, no action was taken by the police authority and therefore a complaint is filed before the learned JMFC, Surat. It is also stated in the said compliant that the accused have also filed various complaints under section 138 of the Negotiable Instruments Act against the complainant as well as FIR being C.R.No.I-244 of 2010 was also filed against the complainant before Salabatpura Police Station though the complainant is innocent. Thus, it is alleged that the applicants - accused have committed the alleged offence.