JUDGMENT :

1. The petitioner, invoking the provisions of Section 482 of the Criminal Procedure Code, 1973, prayed to quash and set aside the complaint being FIR No.11204025200790 of 2020 registered with Kheda Town Police Station for the offences punishable under Sections 384, 504, 506(2) of the Indian Penal Code and Sections 3(1)(r), 3(1) (s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘The Atrocity Act’) as well as all the consequential proceedings initiated in pursuance thereof.

2. In the FIR, it is alleged by the complainant that as the complainant had expended all his money for the operation of his father in January, 2019 and was in need of money for his business purposes, he had borrowed hand loan of Rs.3,00,000/- from the petitioner, who had asked to return the money within a period of month. The complainant stated that he had gone to repay the money of Rs.3,00,000/- but the petitioner had demanded 10% interest on it and therefore, he told the petitioner that there was no such talks of interest, inspite of that he paid Rs.3,35,000/- to the petitioner.

2.1. Thereafter, it is alleged in the complaint that during the time of Diwali in the year 2019 as he was running business of Amul Parlour, he had asked for Rs.3,00,000/- from the petitioner and had assured to repay the same within a period of ten days. The complainant had negotiated about the interest and it was assured by the petitioner that the petitioner would charge some nominal interest on the money. The complainant stated that as he could not make provision of money, he could not repay the money. The petitioner/accused, thereafter, under misguidance and threat, took Rs.50,000/- by way of interest for the first fifteen days and for the subsequent fifteen days, he again charged him Rs.50,000/- interest and thereafter Rs.25,000/- was charged as interest for the subsequent week. The complainant stated that he had paid Rs.1,50,000/- as interest to the petitioner. The complainant alleged that the petitioner told him that as he was not paying the capital amount as well as interest amount, he would be required to pay penalty of Rs.1,00,000/- and till the period of non payment, he daily would be required to pay Rs.2,000/-. It is also alleged by the complainant that the amount of Rs.3,00,000/- which was borrowed during the time of his father’s operation though was repaid, the petitioner countered that the said amount has not been repaid, therefore, the petitioner was charging him additional Rs.2,000/- per day and had informed the complainant that daily he would be required to pay Rs.4,000/-. It is stated by the complainant that from the period between 14/10/2019 to 20/03/2020, the petitioner had collected about Rs.6,32,000/- charging him daily interest of Rs.4,000/-.

2.2. The allegation against the petitioner is to the effect that prior to the lock down in the month of February, 2019, when the complainant was going towards his shop from his home in his Volkswagen Vento Car with registration no.GJ-1-KJ-2071, at that time, present petitioner was standing near his house near bus stand stopped him and told him that since he was not paying the money, he was taking his vehicle and asked him to relieve the same by paying the money. The complainant alleges that by using abusive words, the petitioner forcibly took away his car and parked it in his compound. The complainant stated that he did not utter a word and traveled to his shop by bus. After about a fortnight, he went to the house of the petitioner and asked for the vehicle. The complainant even told the petitioner that if he is not willing to return the vehicle, then he may pay the money for the same. The complainant alleged that the petitioner told him that he would be ready to give him money on interest and was not willing to retain his vehicle and by giving Rs.2,80,000/-, the petitioner told him that he may relieve his vehicle by paying the money.

2.3. The complainant a