Mahendrabhai Dayabhai Patel vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 1282

J. C. DOSHI
Mahendrabhai Dayabhai Patel – Appellant
Versus
State Of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MR RIDDHESH TRIVEDI
For the Respondent: MS ASMITA PATEL

JUDGMENT :

1. Heard learned advocate Mr. Riddhesh Trivedi for the petitioners and learned APP Ms. Asmita Patel for the respondent State.

2. Rule is served to respondent No.2, but he has chosen not to appear.

3. The petitioners have invoked jurisdiction u/s 482 of the Code of Criminal Procedure to quell the FIR being I – C.R. No.33 of 2015 registered with Dhansura Police Station for the offences punishable u/s 143, 323, 294(B), 506(2), 427 of the IPC.

4. The facts which can be gathered that the petitioners are the partners of the partnership firm Jagdip Engineering having business of fabrication work as per the need and requirement of the customer. The complainant is in the business of cold storage in the name and style of Jay Gurudev Agro Products at Vadagam, Dhansura. The petitioners were contacted by the complainant for construction of cold storage and fabrication work and said work was entrusted to the petitioners by oral contract. The work was completed. The bill was tendered by the petitioners. According to the petitioners, the original accused did not pay heed to clear the amount of the petitioners though several reminders were made, but the same turned into futile exercise. Sinc