IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 22900 of 2022 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No ✔

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RAKESH KANTILAL PATEL Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1 MS. VRUNDA SHAH, APP for the Respondent(s) No. 1 MR. VISHVESH ACHARYA for RONITH JOY(9560) for the Respondent(s)

No. 2 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 12/03/2026

JUDGMENT

1. The present application is filed seeking quashing of the FIR under Section 482 of the Code of Criminal Procedure registered with Salabatpura Police Station for the offences punishable under Sections 409, 420 and 120B of the Indian Penal Code. The allegation in the FIR is that the first informant, namely Piyushbhai Bardoliwala, was engaged in the business of Grey Viscose Cloth at Surat and came into contact with accused No.1, who is the proprietor of Khushal Impex, while accused No.2 acted as a broker in the transaction. It is alleged that the accused purchased goods worth Rs. 15,19,004/-. However, no payment whatsoever was made towards the said goods and, instead, further goods were demanded. Upon the complainant insisting on clearance of the outstanding dues, certain cheques were issued by the accused, which came to be dishonoured on account of insufficient funds. On these allegations, the impugned FIR came to be registered for the offences under Sections 406, 409 and 420 of the Indian Penal Code.

2. Heard learned advocate Mr. Kishan Daiya for the applicant, learned APP Ms. Vrunda Shah for the respondent–State and learned advocate Mr. Vishvesh Acharya for respondent No.2.

3. Learned advocate Mr. Daiya for the applicant submitted that the present applicant is not named in the FIR. It is contended that the applicant has been implicated solely on the basis of the statement of a co-accused, namely Girish Gulabsinh Parekh, who is the proprietor of Khushal Impex. It is further submitted that the bank account of Khushal Impex had a mobile number and e- mail ID registered in the name of the present applicant, and merely on that basis the applicant has been arraigned as an accused. Learned advocate further submitted that the transaction between the first informant and the accused persons named in the FIR is essentially of a civil nature. Instead of availing appropriate remedies under civil law, the first informant has resorted to initiating criminal proceedings as a shortcut to recover the alleged amount, which amounts to an abuse of the process of law. In support of this submission, reliance is placed on the decision rendered by the Coordinate Bench of this Court in Gumansing Prathvising Parmar vs. State of Gujarat in Criminal Miscellaneous Application No. 7029 of 2018 dated 02.04.2025. It is submitted that in an identically situated case, this Court has quashed the FIR, and therefore on the same ground the impugned FIR deserves to be quashed and set aside.

4. Per contra, learned APP MS. Vrunda Shah submitted that two FIRs have been registered against the accused named in the present FIR and that there are approximately 20 victims involved in the present case. It is submitted that, as per the evidence collected during the course of investigation against the named accused, it has emerged that the present applicant was the main person managing the affairs. It is further alleged that the applicant had lent money to accused No.1 and, after procuring the material from the open market, the same was sold to various persons at a lower price in cash. Thereafter, upon collecting the money, the applicant allegedly absconded along with accused Nos.1 and 2 named in the FIR. It is further submitted that