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HASMUKH D. SUTHAR
Harshadbhai Govindbhai Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Hasmukh D. Suthar, J.
Since both these petitions are filed for quashing of a common FIR, hence heard, decided and disposed of by this common judgment.
1. RULE. Learned APP Mr. H.K. Patel waives service of notice of Rule on behalf of the respondent No. 1 - State of Gujarat and learned advocate Mr. A.D. Oza waives service of notice of Rule on behalf of respondent No. 2 - original complainant. With the consent of learned advocates for the respective parties, present petitions are taken up for final hearing.
PROLOGUE:
2. Criminal Misc. Application No. 14370 of 2020 is filed by accused No. 2 - Harshadbhai Govindbhai Patel, Account Officer, Gujarat Council of Education Research & Training, Gandhinagar (for short "GCERT") and Criminal Misc. Application No. 16043 of 2020 is filed by accused No. 1 - Mr. Nikunj R. Thekadi, Director of Reliable Art Printery Pvt. Ltd. under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") with prayer to quash and set aside the impugned FIR being CR No. 11216008200118 of 2020 dated 24.03.2020 registered with Sector-7 Police Station, Gandhinagar for the offences punishable under Sections 406, 420, 409, 467, 468 and 12
The court upheld the validity of the FIR against the accused for alleged forgery and conspiracy, emphasizing that serious allegations of financial misconduct warrant investigation.
The court affirmed that prima facie evidence of a conspiracy and forgery necessitates proceeding with trial, emphasizing the narrow scope of quashing FIRs under Section 482.
Filing an FIR for non-payment in a commercial transaction does not inherently constitute criminal offences such as cheating or breach of trust; such disputes are civil in nature.
Extraordinary power under article 226 of Constitution and also inherent powers under Section 482 of Code which it said could be exercised by High Court either to prevent abuse of the process of any c....
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
The main legal point established in the judgment is that conspiracy can be proven by circumstantial evidence, and the material on record must be evaluated to determine the existence of the ingredient....
Point of law: Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations....
In tender-related fraud cases, a conspiracy can be inferred from circumstantial evidence, allowing for charge framing even without direct evidence.
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