RAJESHKUMAR MISHRILAL ARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners have approached this Court with this petition under Section 482 of the Code of Criminal Procedure for quashment of an F. I. R. lodged by respondent No. 2 with J. P. Road Police Station, Vadodara, vide C. R. No. I-238 of 2004, on the ground that the said F. I. R. is a sheer abuse of process of law. According to the petitioners, with the same allegations and same transactions, respondent No. 2 had, initially, lodged an F. I. R. with D. C. B. Police Station, Vadodara, on 8. 4. 2003, to which he refers in his reply dated 19th August, 2003 to a notice given by the petitioners for initiating proceedings under Section 138 of the Negotiable Instruments Act on account of bouncing of cheque of Rs. 52,000/-, alleging that there was no transaction between them and that the petitioners and his accomplice had obtained a cheque book from the bank fraudulently relating to the account of respondent No. 2 and forged the cheque. 1. 1 Subsequently, respondent No. 2 lodged a private complaint before Judicial Magistrate, First Class, Vadodara (Annexure "a"), which was sent by learned J. M. F. C. , Vadodara for investigation to Karelibaug Police Station by order dated 30th August, 2003. 1. 2 Again, on the same facts, an F. I. R. is lodged with J. P. Road Police Station of Vadodara, bearing C. R.-I No. 238 of 2004. It is the case of the petitioners that respondent No. 2 has suppressed the fact of F. I. R. with D. C. B. Police Station in the complaint before J. M. F. C. , Vadodara and the fact of the F. I. R. with D. C. B. Police Staiton in the F. I. R. with J. P. Road Police Station. The petitioners, therefore, seek quashment of the F. I. R. with J. P. Road Police Staiton.

(2.) RESPONDENT No. 2, though served with notice of Rule, has chosen not to appear and contest this petition. Learned Additional Public Prosecutor, Mr. Trivedi, appears for Respondent No. 1-State.

(3.) UPON reading Annexure "a", the complaint, Annexure "b", the F. I. R. with J. P. Road Police Station, and Annexure "c", the reply given by learned Advocate for respondent No. 2 to the notice given by the petitioners, it is clear that all the three relate to same transactions and are founded on the basic allegation of the petitioners having obtained a cheque book from the bank fraudulently and having forged the cheque and, thereafter, presenting the same to the bank for encashment. The act of respondent No. 2 of lodging a chain of complaints/f. I. Rs. On the same transaction cannot be termed anything else but abuse of process of law. The first F. I. R. is being investigated even as per respondent No. 2. The complaint with J. M. F. C. , Vadodara, has been sent to Karelibaug Police Station for investigation under Section 202 of the Code of Criminal Procedure and that is also being investigated, and the third F. I. R. with J. P. Road Police Station is nothing but an attempt to put pressure on the petitioners and cause harassment to them. Under the circumstances, the petition merits acceptance. The petition is allowed. The F. I. R. bearing C. R.-I No. 238 of 2004, registered with J. P. Road Police Station, Vadodara, is hereby quashed. Rule is made absolute.