An FIR based on false representations and suppressions can be quashed as an abuse of process, emphasizing the need for honesty in legal complaints.

ORDER :

J. C. DOSHI, J.

1. By way of this petition under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for the following reliefs:

(a) to quash and set aside the impugned FIR bearing C.R No. I/20/2019 dated 17/03/2019 registered with the Paldu Police Station, Ahmedabad for the offences punishable under Sections 406 , 420. 120(b) and 114;

(b) Pending the hearing and final disposal of this petition, be pleased to stay the further proceedings FIR bearing C.R No. I/20/2019 dated 17.3.2019 registered with the Paldi Police Station, Ahmedabad City for the offences punishable under Sections 406 , 420, 120(b) and 114 along with notice dated 04.04.2019 issued by the Sub Inspector, Paldi Police Station;

(c) To grant any other appropriate and just relief/s;

2. The facts of the case are taken from the record as under :

2.1 The complainant alleges that on 25.9.2017 the petitioner had approached the complainant stating that he is a very well established dealer of food grains and Agro products. It is alleged that the petitioner would provide the complainant with food grains at a price lower than the market rate, more specifically 200 rupees lower per quintal than the market price.

2.2 Upon agreement between the complainant and the petitioner herein, the petitioner sough a full payment in advance from the complainant for delivery of food grains. However, it is further alleged that the complainant denied making full payment and thereafter was ready and willing to make 50% of the total payment I.e to the tune of Rs. 25,00,000/-. It is further stated that thereafter the present complainant made a payment of Rs. 25,00,000/- to the petitioner by way of three RTGS cheques dated 26.9.2017 to the tune of Rs. 7,00,000/- cheque dated 27.9.2017 to the tune of Rs. 9,00,000/- and another cheque dated 28.9.2017 to the tune of Rs. 9,00,000/-.

2.3 Thereafter the petitioner did not supply the requisite food grains to the petitioner and sought time to deliver the said goods. It is further alleged that despite repeated requests from the complainant the present petitioner on one or another count made excuses to delayy the supply of food products to the complainant.

3. Learned advocate Mr. Kirtan H Mistry appearing for the petitioner would submit that the entire FIR filed is counter blast to the FIR filed against the complainant by him before Anantpura Police station, in Kota district vide complaint No. 175 of 2017. It is further submitted that for no reason without explaining delay the question of FIR was filed after delay of two years. Learned advocate Mr. Mistry takes this Court to the record of the case and would submit that in the FIR which was filed by him before the Anantpura Police Station since the private respondent is apprehending arrest, he had preferred anticipatory bail before the Rajasthan High Court vide S.B Criminal Misc. Application No. 15814 of 2017. The Rajasthan High Court while declining to grant anticipatory bail to the petitioner and noted that the amount of Rs. 25 lakhs is a part of the questioned FIR and added that said amount has been paid by the private respondent company to the petitioner under promise to supply wheat, grain and other pulses, to pay under distress for some other transaction. Therefore he submitted that the foundation of the FIR in question is based on falsehood and may not allow to proceed further in the matter rather the FIR in question is absurd further proceedings would be abuse of process of law. Mainly on the aforesaid submission learned advocate Mr. Mistry requested to allow the petition