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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Alpeshkumar Kirtibhai Raval – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. petitioner sought quashing of an fir alleging criminal activities. (Para 1 , 2) |
| 2. respondents maintain fir valid and seek investigation. (Para 4) |
| 3. petition allowed; fir quashed for lack of a substantive case. (Para 9) |
ORDER :
J. C. DOSHI, J.
1. In paragraph 18 of the present petition, the petitioner has prayed for the following reliefs:–
“A) Hon'ble Court be pleased to issue an appropriate order or direction quashing impugned FIR being I-CR No.124 of 2017 registered with Mehsana "B" Division Police Station qua the present Petitioner;
B) Pending admission, hearing and final disposal of the present petition, Hon'ble Court be pleased to stay further proceedings of impugned FIR being I-CR No.124 of 2017 registered with Mehsana "B" Division Police Station qua the present Petitioner and be further pleased to restrain I.O., Mehsana "B" Division Police Station from acting in furteance of the said impugned FIR being I-CR No.124 of 2017 registered with Mehsana "B" Division Police Station or taking any coercive measures against the Petitioner;”
2. Brief facts of the case are as under:-
2.1. Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrat
Court quashed FIR as allegations did not establish criminal breach of trust or cheating; petitioner acted within contractual duties.
The court affirmed the distinction between criminal breach of trust and cheating, emphasizing that both offenses cannot coexist under the same facts while confirming the accused's conviction for forg....
The mere failure to pay for goods in a commercial transaction does not constitute criminal breach of trust or cheating under IPC without evidence of dishonest intention.
The court confirmed that a fiduciary relationship can give rise to criminal liability under IPC sections for failure to remit entrusted funds, emphasizing that both civil and criminal remedies may be....
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