ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule for respondent State. None appears for respondent No.2.

1.1 By this application under Section 482 of the Code of Criminal Procedure (for short “the Code”), the applicant seeks quashing of the FIR registered as C.R. No.11204046210997 of 2021 with Nadiad Town Police Station for the offence punishable under Sections 420 and 114 of the Indian Penal Code and further proceedings arising thereof.

2. Heard learned advocate Mr.Raxit Dholakia for the petitioner and learned APP Mr.Soham Joshi appearing for the respondent - State.

3. Arguing for quashment of the impugned FIR, learned advocate Mr.Dholakia for the petitioner submit that first of all the transaction alleged in the FIR is of civil nature between the parties and the role of the present petitioner in FIR is that of guarantor who gave guarantee to repay the amount if Dr.Bhavin Parikh would not pay the amount for purchase of mobile. He would further submit that if FIR is taken at its face value, it does not establish the offence under Section 415 i.e. of cheating. The present petitioner is not beneficiary of the alleged transaction. Since the essential ingredients of Sectio