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2017 Supreme(Guj) 591

A.J.SHASTRI
Kirankumar Ratilal Soni – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Himani Kini for N.K. Majmudar.
For the Respondent: L.R. Poojari.

JUDGMENT :

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 t












































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