JUDGMENT :

J.C. Doshi, J.

1. I have heard learned advocates for the respective parties and learned APP Mr. Manan Maheta for the respondent-State.

2. Since the issues involved in all these three petitions are similar in nature and arise out of connected facts, they are heard together and are being disposed of by this common order. Learned advocates appearing for the respective parties have independently advanced their submissions, whereas the learned Additional Public Prosecutor has appeared commonly for the respondent-State in all the petitions.

BRIEF FACTS OF CRIMINAL MISCELLANEOUS APPLICATION NO.70029 OF 2018.

a. The petitioners are arraigned as accused in connection with FIR No. CR No.I-127 of 2018 registered with Salabatpura Police Station, Surat, for offences punishable under Sections 406, 420, 120(B), 114 of the Indian Penal Code, 1860 (for brevity, ‘the IPC’). The complainant, Aadarsh Rakumar Choradiya, a saree businessman in Surat, alleged that in 2014, Gumansing Parmar, introduced as a broker, purchased goods worth Rs.50,000/- in cash. Later, he introduced Ramsing Dasa, who placed further orders, resulting in goods worth Rs.16,17,119/- being sent to Ramsing and Rs.3,03,705/- to Gumansing from 2014 to 2015. Payments were not made, and cheques issued by both individuals bounced due to insufficient funds. Upon inquiry, Ramsing's shop was found closed, and both individuals avoided repayment.

b. The petitioners claim innocence, asserting that the matter involves a business transaction rather than a criminal offence. They argue that continuing legal proceedings against them would constitute an abuse of the legal process and have approached the Hon’ble Court seeking to quash the FIR and subsequent proceedings in the interest of justice.

c. The alleged incidents occurred between 2014 and 2015, but the FIR was lodged only on 28.03.2018, suggesting undue delay aimed at harassing the petitioners. The petitioners request the Hon'ble Court to quash the complaint and related proceedings, citing the belated nature of the allegations.

BRIEF FACTS OF CRIMINAL MISCELLANEOUS APPLICATION NO.17426 OF 2019.

a. The petitioners are arraigned as accused in connection with FIR No. I-369 of 2019 registered with Salabatpura Police Station, Surat, for offences punishable under Sections 406, 420, 120(B), 506(2), and 114 of the IPC. As per the FIR, the first informant is engaged in the textile business under the name "Milani Knitters" in the name of his wife, Shipra Agrawal, but the business is managed by him. Approximately four years prior to the incident, accused no.3 (a broker named Vinod Bohra) approached the first informant and proposed a trading arrangement with several buyers, assuring prompt payments.

b. Relying on the representations made by accused no.3, the first informant initially dealt with other traders introduced by the broker and received timely payments. Subsequently, on 1.4.2018, accused no.3 introduced the present petitioners to the first informant, identifying them as reputed father-son businessmen engaged in the cloth trade with longstanding market credibility. The petitioners represented that they purchase knitting cloth for supply to dyeing mills in Kolkata and Hyderabad and assured payment within 35 days. Based on this assurance, the first informant delivered goods worth Rs. 5,84,039/- to the petitioners between 9.5.2018 and 1.6.2018.

c. It is further alleged that despite repeated demands, the petitioners failed to make the payment and instead demanded additional supply of 5000 meters of gray knit cloth, which was denied. Repeated attempts to contact accused no.3 were also unsuccessful. The first informant further alleges that he was subjected to verbal abuse and threats, leading to the registration of the FIR. The present petitioners have therefore approached this Hon’ble Court seeking quashing of the FIR and all consequential proceedings.

BRIEF FACTS OF CRIMINAL MISCELLANEOUS APPLICATION NO.445 of 2021.

a. The present petition has bee