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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C. DOSHI
Kanubhai Shambhudas Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
J.C. Doshi, J.
1. By way of this petition under Section 482 of the Criminal Procedure Code, the petitioners have prayed for following reliefs :-
“(A) That this Hon'ble Court be pleased to quash criminal complaint of opponent no.2 filed before 6th Additional Chief Judicial Magistrate First Class being Criminal Complaint (criminal inquiry) no. 9/2015 and further also be pleased to quash and set aside the criminal complaint registered before the Mehsana Taluka Police Station being M. Case no.1/2015.
B) Pending admission hearing and final disposal of this application this Hon'ble Court be pleased to stay further proceedings of the aforesaid criminal complaint of opponent no.2 filed before 6th Additional Chief Judicial Magistrate First Class Mehsana being Criminal Complaint (criminal inquiry) no. 9/2015 and further also be pleased to stay the further proceedings of criminal complaint registered before the Mehsana Taluka Police Station being M. Case no.1/2015.
(C) That this Hon'ble Court be pleased to award the cost of this petition.
(D) That this Hon'ble Court be pleased to pass such other and further order as the nature and circumstances of the case may demand.”
2. The facts in a nuts
Filing a criminal complaint after losing in civil litigation can indicate abuse of process, especially when material facts are suppressed.
Bona fide purchasers cannot be implicated in forgery or fraud where they have no part in wrongdoing, and prior allegations point to their victimization.
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
The main legal point established in the judgment is the need for cautious interference in criminal proceedings at the initial stage and the requirement of sufficient time for police investigation bef....
The judgment establishes that criminal proceedings cannot be initiated for disputes that are fundamentally civil in nature, and that the essential ingredients of the alleged criminal offences must be....
Hand writing expert is not a conclusive evidence – Reliance on hand writing expert report to draw inference of criminality would be weak piece of evidence when parties can disprove hand writing exper....
(1) Quashing of criminal case – High Court is justified in quashing complaint and FIR at a stage when Magistrate had merely directed investigation under Section 156(3) Cr.P.C.(2) Quashing of criminal....
The mere existence of a civil dispute does not bar criminal proceedings where allegations disclose crimes, and the delay in filing a complaint does not negate the need for investigation.
The main legal point established is that if the allegations in the complaint disclose the offence of forgery, the High Court should not interfere with the investigation and that the pendency of civil....
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