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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Narendrakumar Champalal Chhajer – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
J.C. DOSHI, J.
1. By way of this petition under section 482 of Cr.P.C., the petitioner has prayed for following reliefs :-
“(a) To quash and set aside the FIR being I- C.R.No.11191042200095 of 2020 registered with Satellite Police Station, Ahmedabad for the offences punishable under section 406, 409, 420 and 114 of the Indian Penal Code, 1860.
(b) pending admission, final hearing and disposal of this petition, to stay further proceedings of FIR being I-C.R.No.11191042200095 of 2020 registered with Satellite Police Station, Ahmedabad.
(c) To pass any other and further orders as may be deemed fit and proper.”
2. Facts leading to filing of this petition reads as under :-
21. That complaint is filed on behalf of company Shriram Transport Finance Ltd. by one Devangbhai Kumudchand Kapadia. It is asserted in the FIR that the complainant entered into an agreement with one Anupam Finlease India Limited on 01/03/2010 regarding doing the business of vehicle finance on a franchisee basis. Pursuant to the said agreement, the company Anupam Finlease was required to forward files to the complainant company based on which finance was to be given to various persons. As per the agreement, Anupam
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....
Filing an FIR for non-payment in a commercial transaction does not inherently constitute criminal offences such as cheating or breach of trust; such disputes are civil in nature.
Criminal proceedings can continue despite the civil nature of a dispute if criminal allegations are substantiated in the FIR.
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....
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
A prosecution which is bound to lame to be interdicted in the interest of justice as continuance of which will amount to abuse of the process of law.
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
The main legal point established in the judgment is that a mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown at the begin....
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