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2023 Supreme(Guj) 293

ILESH J. VORA
Nilay S/o. Arvindbhai Sheth – Appellant
Versus
Kapil Kishorbhai Joshi – Respondent


Advocates Appeared:
For the Applicant : Vatsal M. Parikh, Vismay V. Malkan.
For the Respondents: Mr. P. P. Majmudar, Ms. Vrunda Shah.

JUDGMENT :

1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant seeks to invoke inherent powers of this Court, praying for quashment of the chargesheet, filed in connection with the FIR being C.R.No.I-37 of 2016 registered with Gorva Police Station, Vadodara for the offences punishable under Sections 406, 420, 504 and 506(1) of the Indian Penal Code.

2. Facts and circumstances giving rise to file present application are that the applicant - Nilesh Seth is the Director and/or owner of M/s.Nivida Web Solution Pvt. Ltd. doing business in the I.T. Sector at Vadodara. Respondent no.2 – Future Link Visa Consultant Pvt. Ltd. is doing Visa Consultancy Work and rendering coaching for different foreign courses. Respondent no.2 approached the applicant for designing and development of a website for online application system for CAIPS/FOSS/GCMS. Parties entered into mutual agreement on 13.02.2015 and 30 days’ time limit was agreeable to the parties. Initial payment as agreed was made by the respondent no.2- complainant. Respondent no.2 lodged an FIR against the applicant under Sections 406, 420, 504 and 506(1) of the Indian Penal Code stating inter al

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