A.J. Shastri, J.

1. The present application is filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) seeking quashment of the First Information Report lodged before Naroda Police Station being I-C.R. No. 615 of 2011 for the offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860 (IPC, for short).

2. The case in brief of the prosecution is that the petitioner is doing a small seasonal business. During Diwali festival, he sells fire crackers, during Utrayan he is selling kites and maanza etc. For the purpose of carrying out such seasonal businesses for his livelihood, the petitioner has availed a financial assistance from M/s. Parshwanath Finance Company, Ahmedabad to the tune of Rs. 70,000/- since for this very purpose of carrying out business, petitioner wanted to purchase a huge preowned Maruti Van.

2.1 Pursuant to the financial assistance, the petitioner has purchased the pre-owned used Maruti Van bearing Registration No. GJ-01-HC-5369 for consideration of Rs. 1,50,000/- and out of the said amount, Rs. 70,000/- was paid by way of financial assistance from the said Parshwanath Finance Company and Rs. 80,000/- was paid by the petitioner. Pursuant to the said financial assistance, the Maruti Van was hypothicated and pursuant to it, an entry was also posted with respect to hire purchase in registration book related to vehicle and the same was deposited with the company from which financial assistance is obtained.

2.2 It is the case of the petitioner further that petitioner had paid two installments each of Rs. 4,700/- immediately after availing financial facility but on account of recession in the business and acute financial crunch the business could not do well as a result of which there was some irregularity in making repayment by way of installments. The loan was not being paid regularly on account of such financial crisis but the same was not at all with an intention not to repay the amount. Despite the fact that, there was no intention to dupe the company nor in any way any dishonest intention to cheat the company, still however straightway an offence came to be registered before Naroda Police Station for the offences punishable under Sections 406 and 420 of the Indian Penal Code and the same was filed immediately on 26.09.2011.

2.3 The case of the petitioner that despite the fact that there is no element of cheating nor any ingredient of offence of cheating is established prima facie, the filing of the complaint would amount to an abuse of process of law and therefore the petitioner had approached this Court by way of aforesaid petition for seeking quashment of the said complaint.

2.4 The matter initially came up for consideration before this Court wherein after hearing the parties, the Court was pleased to pass following order on 18.01.2012.

"Heard the learned advocate for the applicant and the learned APP.

It is submitted that the subject matter of the complaint arises out of alleged non-payment of loan or finance availed by the applicant and the impugned complaint is nothing but abuse of process of law circumventing the legal procedure available to respondent No. 2 for recovery of the loan amount by filing appropriate proceeding.

Issue Notice returnable on 16.2.2012.

In the meanwhile, there shall be stay of further investigation of the impugned complaint qua the applicant.

Learned APP waives service on behalf of the State.

qua the private respondent."

Thereafter matter got adjourned from to time at the requests of both the sides as it appears from the record and ultimately it has now come up for final disposal before this Court.

3. Learned advocate Ms. Himani Kini appearing for Mr. N.K. Majmudar, an advocate representing the present petitioner has contended that the filing of the present complaint is nothing but a clear example of a short-cut method of building a pressure upon the petitioner. Instead of taking appropriate legal remedy, straightway only on account of fact