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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
Dilip Natu Bhai Rajput – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. allegations of conspiracy and financial fraud. (Para 3) |
| 2. petitioner claims innocence; challenges evidence presented. (Para 4 , 5) |
| 3. court finds prima facie involvement and evidence suggesting fraud. (Para 6 , 8) |
| 4. legal standards for quashing reflect narrow review scope. (Para 10 , 12) |
| 5. final dismissal of the quashing application based on evidence. (Para 11) |
ORDER :
1) RULE. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 – State of Gujarat.
“(B) The Hon’ble Court may please to allow this Special Criminal Application by issuing appropriate writ, order of direction quashing and setting aside the F.I.R. No.11200019251315 under Section 465/467/468/471/406/420/120B IPC Police Station Dongri Dist. Valsaad which is placed at Annexure-D, and also please to quash the further proceeding arising thereof qua the petitioner in the interest of justice;
(D) pass a writ/order/direction in the nature of mandamus thereby directing the respondent No.3 to hold an inquiry in respect of income source of the respondent No.2 of paying a sum of Rs.1,00,00,000/-.”
The accused persons namely Manoj Arvindbhai Shah, Tushar Arvindbhai Shah, and Tripti Arvind Sh
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.
Bona fide purchasers cannot be implicated in forgery or fraud where they have no part in wrongdoing, and prior allegations point to their victimization.
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....
Fraudulent intent must be established for criminal liability in financial transactions, distinguishing between civil breaches of contract and criminal offenses like cheating.
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....
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