IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 4033 of 2012 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE J.B.PARDIWALA ==========================================================

1 Whether Reporters of Local Papers may be allowed to Yes

	1 Whether Reporters of Local Papers may be allowed to see the judgment ?	Yes
2 To be referred to the Reporter or not ?		No
	3 Whether their Lordships wish to see the fair copy of the judgment ?	No
	4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No
	Circulate this judgment in the subordinate judiciary

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SATISHCHANDRA RATANLAL SHAH Versus STATE OF GUJARAT ==========================================================

Appearance:

MR YATIN OZA, SENIOR ADVOCATE with MR HJ DHOLAKIA(5862) for the PETITIONER(s) No. 1 MR IH SYED(2321) for the RESPONDENT(s) No. 2 MR RAKESH PATEL, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 12/04/2018 ORAL JUDGMENT

1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant – original accused seeks to invoke the inherent powers of this Court for quashing the order of charge framed by the Additional Chief Metropolitan Magistrate, Court No.14, Ahmedabad Ex.2 dated 4.12.2013 in the Criminal Case No.388 of 2012.

2. The facts giving rise to this application may be summarised as under :-

2.1 The applicant herein was serving with the Union Bank of India. After taking VRS, he started indulging in the activity of share trading. The complainant is also a businessman and is a director of a Company running in the name of Darshan Fiscal Pvt. Ltd. It is the case of the complainant that in the year 2008, the applicant came at his office and begged before him to extend financial help or else he would commit suicide. Having regard to the poor financial condition of the applicant at the relevant point of time, the complainant thought fit to help him financially and accordingly gave Rs.27 lac as a loan. It is the case of the complainant that the applicant at the relevant point of time had promised that he would return the money with interest within a period of one year. As the applicant failed to return the money despite the complainant making several requests periodically, the complainant thought fit to lodge an FIR at the Kagdapith Police Station, Ahmedabad, bearing CR No.I-22 of 2012 for the offence punishable under Sections 406, 409, 417, 420, 294B and 506(2) of the Indian Penal Code. The FIR lodged by the respondent No.2 herein is extracted hereunder :-

“Complainant:-

Nileshbhai Rasiklal Pandya, Director of Darshan Fiskal Pvt.Ltd., For and on behalf of Darshan Fikal Pvt.Ltd.

Address: 108, New Cloth Market (Mob No.) 93752 22992, Outside Raipur Darwaja, Ahmedabad – 380 002 Verus Satishchandra Ratanlal Shah, Residing at:

13/B/1, Vasuki Cooperative Housing Society Ltd., Opp.Vasna Bus Stand, Vasna, Ahmedabad.

SUB:- Written complaint for taking necessary action after registering offence under cognizable offence for the offence under Sections 406, 409, 417, 420, 294(b)

and 506(2) of the Indian Penal Code. It is the fact of my complaint that, 1. I, Nileshbhai Rasiklal Pandya, am the Director of Darshan Fiskal Private Ltd. The company is registered under the Companies Act, 1956, as a Private Limited company having the registration number 04- 28606. On, 02.01.2012, the company passed an unanimous resolution which permitted me (complainant) to lodge the complaint against present accused.

2. Satishchandra Ratanlal Shah is the main accused in present case. He was working in Union of India and took Voluntary Retirement under V.R.S., after which he started dealing in the Share Market. The accused borrowed money with dishonest intentions of not paying bac

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