ORAL ORDER

Order in Criminal Misc. Application No.18443 of 2017

1. By way of this application under Section 482 of the Code of Criminal Procedure , 1973, the applicant has prayed to quash and set aside the FIR being C.R.No.I-114 of 2017 registered with Rajkot Taluka Police Station, for the offences under Section s 406 and 420 of Indian Penal Code and all the consequential proceedings arising therefrom.

2. Heard learned advocate Mr.Pandya for the applicant and learned APP Mr.Dave for respondent - State.

3. Learned advocate for the applicant after reading FIR would submit that it fails to disclose any essential ingredients of criminal breach of trust or cheating. He would submit that FIR on its face value indicates that certain goods were sold by first informant to the petitioner and amount has not been repaid by the petitioner and therefore, FIR is filed. It is submitted that in absence of any essential ingredient of section 406 and 420 of IPC, civil transaction has been given color of criminality. Therefore, it is submitted to allow the petition and quash the FIR.

4. Learned APP for respondent - State would submit that FIR disclose essential ingredient of section 406 and 420 of IPC. It