1 The respondent No.2, although served with the notice issued by this Court, yet has chosen not to remain present before this Court either in person or through an advocate and oppose this application.

2 By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report being C.R. No.I40 of 2015 registered with the Sola Police Station, Ahmedabad for the offence punishable under Sections 406, 420 and 120B read with 114 of the Indian Penal Code. The First Information Report lodged by the respondent No.2 reads as under:

“DATE : 15/07/2015

My name is Kaushikbhai Kumudchandra Kapadia, aged 48 years, Occupation – Business, Add. 17, Sudarshan Society Vibhag – 2, Near Devendra Bus Stop, Naranpura, Ahmedabad City. Mobile No. 9825034578.

I have personally come and declare the facts of my complaint that, I am residing at the above mentioned address with my family and I am carrying on the business of Building Construction and salespurchase of land. Through one of my acquaintance Suketu Talati before four years I came in contact with Jayesh Kanaiyalal Shukla residing at Thaltej in Royal Crystal, and this Jayesh Shukla had informed me that he was running factories of manufacturing medicines in Uttrakhand and Kalol, and this Jayesh Shukla had further informed me that himself and his family members and his wife Dipal and their daughter Rajvi have made one HUF deed under the Hindu Undivided Family Act. It is registered in the name of Jayesh Kanaiyalal Shukla HUF. And he was the Karta of the said HUF and his wife and his daughter were members of the HUF as informed by him. He informed me that all the members were jointly carrying on the financial transactions and I was frequently visiting the house of this Jayesh Kanaiyalal Shukla, so I had become acquainted with all these members of HUF. Due to this reason about four years ago I had gone to the house of this Jayesh Kanaiyalal Shukla at that time his family members his wife Ripal Jayesh Shukla and his daughter Rajvi Jayesh Shukla were present in his house, at that time, Jayesh Shukla had demanded Rs. 2,00,00,000/- for their business, and told that amount would be in returned in short time, and all these members had informed me that they would give him compensation from the profit of their business. These persons had given me such luring so I was carried away in their talks and I had given Rs. 50,00,000/- on 02/03/2013 and Rs. 1,50,00,000/- on 18/03/2013 vide RTGS through Union Bank of India, Navrangpura Branch, the said amount is received by Jayesh Kanaiyalal Shukla and this Jayesh Shukla has also given me the copy of the account where the said amount was credited under his signature. And this Jayesh Shukla had given assurance to refund the amount taken, and one promissory note assuring the payment was also executed at his house in my favour. Thereafter in spite of passage of time I had demanded back the amount given by me in spite of this HUF members have not returned the amount and were making false excuses, and were whistling away time. Thereafter time and again I had demanded back my funds so Jayesh Kanaiyalal Shukla had issued me a cheque on 31/07/2014 under the signature of Jayesh Kanaiyalal Shukla from the Jayesh Kanaiyalal Shukla HUF account No. 04261008466 drawn on Dena Bank, Station Road, Kalol Branch being cheque No. 001108 for Rs.2,00,00,000/- amount in my favour with the consent of all members, and informed that on depositing this cheque you will get back your entire amount. Therefore I had trust on this Jayesh Shukla and on 04/08/2014 I had deposited the said cheque in my account in Union Bank of India, Darpan Six Roads Branch in account No. 44910 but this cheque was dishonored due to insufficient funds, at that time I had felt that I have been cheated and fraud was committed with me, therefore I had contacted all the members of HUF and Jayesh Kana