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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Rohit Singhal, S/o. N.S. Singhal – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
J.C. DOSHI, J.
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “ the Code”), the petitioner has prayed for quashing and setting aside the FIR No. C.R I-155 of 2016 lodged with Athwa Line Police Station for the offences punishable under Sections 406, 420, 467, 468, 471 and 114 of the Indian Penal Code and all consequential proceedings arising from the same FIR qua the petitioner herein.
1.1 Heard learned advocate Mr. Bhadrish S. Raju for the petitioner, learned advocate Mr. M.J Mehta for the private respondent and learned APP Mr. Chintan Dave for the respondent State.
1.2 Brief facts of the case are as under :
1.3 That the complainant is running an office located at 604/A Center Point Surat and maintains his family from the said business of trading, which the complainant runs in the name and style as M/s. Arora Sales Agency.
1.4 From the FIR it is shown that the complainant came in contact with one company Viz FERNAS Constructions India Pvt. Ltd. And since 2013 the complainant is doing business of steel trading with FERNAS.
1.5 That the complainant is doing business of fabrication at Plot NO. 2/69 SEZ area Dahej, w
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.
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....
The court maintained that an FIR must not be quashed at an initial stage unless no prima facie case is established, even if the allegations suggest civil nature.
Non-payment in commercial transactions does not constitute cheating or criminal breach of trust without establishing fraudulent intent.
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....
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