IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 34460 of 2016 FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER ==========================================================

Approved for Reporting Yes No 

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HASMUKHBHAI ARJANBHAI PANDOR Versus STATE OF GUJARAT & ANR.

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Appearance:

MS AMRITA AJMERA FOR MR DAIFRAZ HAVEWALLA(3982) for the Applicant(s) No. 1 MR DIPAK H SINDHI(5710) for the Respondent(s) No. 2 MS VRUNDA SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s)

No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 27/03/2026

JUDGMENT

1 The present application is filed for quashment of the FIR being I-C.R. No.13 of 2016 dated 06.02.2016 registered with Vijapur Police Station, District Mehsana, for the offences punishable under Sections 406 and 420 of the Indian Penal Code, wherein the period of the alleged offence is stated to be from the year 2012 to 23.08.2015.

2 As per the allegations made in the FIR, the present applicant is the sole accused. It is alleged that the complainant had supplied hybrid seeds, cotton seeds, and pesticides to the applicant for the purpose of cultivating cotton crops through various agriculturists. As per the understanding between the parties, upon providing such facilities, the agriculturists would supply their produce to the applicant, who would sell the same in the open market. After deducting the commission of the complainant, the remaining amount was to be paid to the concerned agriculturists, and the complainant had also agreed to pay 10% commission to the present applicant. It is further alleged that, after procuring the crops, the present applicant sold the same in the open market without routing the transaction through the complainant, which led to the lodging of the present FIR for the offences punishable under Sections 406 and 420 of the Indian Penal Code, which is under challenge before this Court.

3 Heard the learned advocate Ms.Amrita Ajmera for the applicant, learned advocate Mr. Dipak Sindhi for respondent No.2 and learned APP Ms.Vrunda Shah for the respondent-State.

4 Learned advocate Ms. Amrita Ajmera submits that the complainant had duped as many as 71 agriculturists from whom cotton crops were procured, and that the payment for the same was not made. It is submitted that when the present applicant, along with the said agriculturists, approached the complainant for recovery of the amount, the impugned FIR came to be lodged with a view to restrain the applicant from initiating legal proceedings. It is further submitted by the learned advocate Ms. Ajmera that the present applicant had also attempted to lodge a police complaint but was unsuccessful, and therefore a private complaint came to be filed. Against the said complaint, the present complainant had approached this Court by way of Criminal Misc. Application No.8115 of 2018, which came to be dismissed by this Court, holding that a full-fledged trial is required and that powers under Section 482 of the Code of Criminal Procedure cannot be exercised at that stage. It is also submitted by the learned advocate Ms. Ajmera that the complainant has attempted to project the case by producing certain receipts to show that, except for an amount of Rs.60,000/-, the remaining amount was borrowed by the present applicant however, the signatures appearing on the said receipts are alleged to be forged. It is further submitted by the learned advocate Ms. Ajmera that the criminal case instituted by the present applicant is still pending before the learned trial Court. In the aforesaid circumstances, it is contended that the impugned FIR is nothing but an afterthought and a counterblast to the complaint filed by the present applicant and, therefore, the same deserves to be quashed and set aside.

5 Per contr