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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 :
1. In paragraph 18 of the present petition, the petitioner has prayed for the following reliefs:–
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;”
2.1. Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrated thus: The Petitioner, at the relevant time, was serving as the Location Manager at Mehsana Branch of Hinduja Leyland Finance Ltd. The Respondent No.2 had approached the said branch seeking financial assistance for purchase of an Ashok Leyland truck cos
Court quashed FIR as allegations did not establish criminal breach of trust or cheating; petitioner acted within contractual duties.
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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....
In hypothecation, ownership remains with the debtor; thus, criminal breach of trust is not established unless property is entrusted. Cheating requires fraudulent intent at the time of inducement, whi....
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