NATHALAL HIRALAL GONDALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. Qureshi for the petitioner, and learned A. P. P. Mr. Trivedi for respondent No. 1 State. Respondent No. 2, though served, is not represented by any lawyer.

(2.) THE petitioner seeks quashment of FIR lodged against him with SA Division Police Station of Rajkot City, vide C. R. No. I. 180/2003, by respondent No. 2, levelling charges of offences punishable under Sections 406, 420 and 114 of the Indian Penal Code. The allegations against the petitioner were that the petitioner represented before respondent No. 2 and other persons as an agent of Memorial Finance and Investment Limited and collected Rs. 100/- per month under a scheme floated by the said Company. It is the case against the petitioner that he collected money, but, did not deposit with the said Company and misappropriated that amount to his personal use.

(3.) LEARNED advocate Mr. Qureshi submitted that apart from respondent No. 2, there were several other persons, who were similarly situated to respondent No. 2 and were aggrieved by the act of the petitioner, though they have not lodged complaint against him. Mr. Qureshi submitted that the petitioner has repaid the amount to those persons in full and the complaint may, therefore, be quashed. Mr. Qureshi submitted that since the amount is repaid, the complainant also does not wish to pursue the complaint.