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2024 Supreme(Online)(GUJ) 22432

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
DILIPBHAI NANABHAI KHACHAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
MR ZUBIN F BHARDA(159), MR. PRERAK R BHATT(11381), MS AARTI S TIWARI(10667), MR TRUPESH KATHIRIYA, APP

ORAL ORDER

1. Heard Mr. Zubin F. Bharda, learned counsel for the applicant, Mr.Trupesh Kathiriya, learned APP for the respondent State and Mr.Prerak R. Bhatt, learned counsel for respondent No.2.

2. RULE. Learned advocates waive service of note of rule on behalf of the respective respondents.

3. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicant has prayed to quash and set aside the complaint being FIR No.11200048212823 of 2021 registered with Vapi Town Police Station, Valsad, for the offences under Sections 406 , 420 and 503 of Indian Penal Code, 1860 and all the consequential proceedings arising therefrom.

4. Learned counsel for the applicant has submitted that, the impugned FIR is nothing, but an abuse of process of law and filed only with a view to recover the money. He has further submitted that, the complainant has suppressed material facts in the complaint to the effect that, the applicant had purchased some electronic items from the complainant by way of installments and though the applicant had paid two installments each of Rs.25,000/-, however, the said fact is not mentioned in a complain

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