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2023 Supreme(Guj) 1317

SANDEEP N. BHATT
MEHUL CHINUBHAI CHOKSI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SALIL M. THAKORE
For the Respondents: PARAM R. BUCH, CHINTAN DAVE

ORDER :

1. Present petition is filed with a prayer to quash and set aside impugned FIR being C.R. No. I-31 of 2017 registered with DCB Police Station, Ahmedabad, on 3.4.2017 for the offences punishable under Sections 406 , 420 and 34 of the INDIAN PENAL CODE . Present petitioners are accused Nos.2 and 4.

2. Brief facts of the case are that on 15.9.2013, the complainant and her husband had gone to M/s. Gitanjali Jewellers for making purchases and that in the bill given to them, M/s. Divyanirman Jewels, Shop No. 6, Isckon Centre, Shivranjani Crossroads, Satellite, Ahmedabad was written. It is alleged that the persons working in the said showroom informed them about diamond/gold monthly installment schemes and that one installment would be borne by the company. Upon the complainant finding the scheme to be good, the complainant and her husband discussed about investing Rs.5000/- per month in the gold coin scheme for 12 months. Thereupon, a person came to their residence and gave them “Tamanna” card and took Rs. 10,000/- (Rs.5,000/- x 2) towards two schemes. Thereafter, till 25.5.2014, a person used to come to the complainant's residence and take Rs.10,000 towards the installments. In Ju

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