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2021 Supreme(Guj) 1137

GITA GOPI
KIRITDAN @ KIRITBHAI RAJUDAN BAROT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : DARSHIT R BRAHMBHATT
For The Respondent: MR MB GOHIL, MR PRANAV TRIVEDI, APP.

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 ti

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