IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 26028 of 2025 With CRIMINAL MISC.APPLICATION (FOR AMENDMENT) NO. 2 of 2025 In R/CRIMINAL MISC.APPLICATION NO. 26028 of 2025 ================================================================

GHELUBHA JUVANSINH ZALA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR DHARMESH DEVNANI with MS. KITTY S MEHTA(7025) for the Applicant(s) No. 1 MS ASMITA PATEL, APP for the Respondent(s) No. 1 MR BM MANGUKIYA(437) with MS BELA A PRAJAPATI(1946) for the Respondent(s) No. 2 ================================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 02/03/2026

ORAL JUDGMENT

1. Heard learned advocate Mr.Dharmesh Devnani appearing with learned advocate Ms.Kitty S.Mehta for the applicant, learned advocate Mr.B.M.Mangukiya appearing with learned advocate Ms.Bela A.Prajapati for the respondent no.2 – complainant and learned APP Ms.Asmita Patel appearing for the respondent no.1 – State.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks to invoke the inherent powers of this Court praying to quash and set-aside the First Information Report being C.R. No.11192011230031 of 2023 registered with the Bopal Police Station, Ahmedabad (Rural), as well as the charge-sheet and all consequential proceedings arising pursuant thereto, for the offences punishable under Section 506(2) of the Indian Penal Code and under Sections 40(c), 42(a) & 42(d) of the Gujarat Money Lenders Act, 2011.

3. The factual background, as per the case of the applicant, is as under :-

3.1 That the present applicant-accused is the nephew of one Narendrasinh Kanubha Parmar (a friend of complainant’s father-borrower Nitinbhai Ghanshyambhai Mehta).

3.2 That in the year 2015, the complainant’s father, namely, Nitinbhai Ghanshyambhai Mehta, was facing financial distress on account of bank liabilities and imminent coercive action, therefore, he had approached the applicant through his friend Narendrasinh Parmar, who advanced him Rs.1,28,00,000=00 through five different cheques consisting of Rs.35 lakh, Rs.25 lakh, Rs.40 lakh, Rs.18 lakh and Rs.10 lakh, respectively, during the period between October 2019 and December 2019. A partial payment was made by the borrower Nitinbhai Mehta;

however, a substantial amount was remained unpaid.

3.3 That the complainant’s father had issued five blank signed cheques in favour of the present applicant towards security for repayment of the outstanding dues, however, on depositing the same by the applicant, the cheques were dishonoured. Therefore, in the year 2020, the applicant had to file criminal complaints being Criminal Case Nos.246 to 250 of 2020 under Section 138 of the Negotiable Instruments Act against the complainant’s father, before the learned Judicial Magistrate, First Class, Sanand, which are still pending for adjudication.

3.4 That despite service of summons in the said proceedings, the accused (i.e. the father of the complainant herein) was deliberately avoiding appearance before the trial court, therefore, on 02.11.2022, the applicant was constrained to file an application seeking issuance of warrant, and the learned Judge was pleased to issue warrant against the accused for non-cooperation in the court proceedings.

3.5 That after the issuance of the warrant, the impugned FIR came to be lodged on 13.01.2023 by the complainant herein at the Bopal Police Station, Ahmedabad (Rural), against the applicant for the alleged offences.

3.6 That apprehending arrest pursuant to the impugned FIR, the applicant had approached the Sessions Court seeking anticipatory bail, and the learned 6^th Additional Sessions Judge, Ahmedabad (Rural) was pleased to allow the application and granted anticipatory bail to the applicant vide order dated 30.01.2023 passed in Criminal Misc. Applicatio