NARMADABEN LABHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has filed this application for quashing of the FIR, being M Case No. 3 of 2013 registered with Morbi City Police Station, against him and respondent no. 3 herein given by respondent no. 2-first informant-Shri Devajibhai Karasanbhai Parmar.

(2.) While issuing rule in this application, this Court passed the following order on 07.08.2013;

(3.) Shri Brahmbhatt, learned advocate for the applicant submitted that the only allegation appears to be returning back all the documents placed by the first informant with the Bank, to the applicant, while obtaining loan by the first informant. The allegation in the FIR is that while obtaining the loan, the first informant had placed the documents with the Bank and in turn the Bank had not returned back the said documents to the applicant herein. The first informant claims that all dues of the Bank have been repaid and the Bank was required to return back the documents to him. If that is the only allegation, no case either under Section 406 or under Section 420 of the Indian Penal Code can be said to be have been made out, even if it is not returned back to him.