JUDGMENT :

M. K. THAKKER, J.

1. The present application is filed under Article 226 and 227 of the Constitution of India read with section 528 of BNSS Act, 2023 for quashing and setting aside the Criminal Case No.3788 of 2018 pending before the learned Metropolitan Magistrate, Ahmedabad and for the proceedings thereto whereby, learned Magistrate has taken cognizance for the offence punishable under section 500 of IPC.

2. The brief facts arising for the present proceedings are as under:

2.1. The complainant namely Tejas Bhikhabai Patel, who is an account manager of Popular Wheelers (I) Pvt. Ltd. filed the complaint on behalf of the company and the Director namely Jashwantbhai Ramjibhai Patel who lodged a private complaint alleging the offences punishable under section 182, 193, 500, 120B of IPC against the present accused persons, out of which the accused no.1 being Maganbhai Dolaji Damor expired and accused no.2 and 3 are before this Court in the present application.

2.2. As per the allegations made in the complaint vide FIR bearing I-CR No.161 of 2015 dated 23.10.2015, lodged with the Sabarkantha Police Station, for the offences punishable under section 406, 420, 465, 467, 468, 471, 120B and 201 of IPC. The said FIR was lodged on behalf of Popular Wheelers (I) Pvt. Ltd. alleging that one Nirmal Singh, along with other office bearers of the RTO, hatched conspiracy and got 10 vehicles registered with RTO by producing false documents, despite the original documents are in possession of the Company. It is further alleged that the accused namely Nirmal Singh got loans sanctioned from finance company by producing forged receipt of the complainant company which was purportedly issued towards down payment for the purchase of vehicle and subsequently did not pay amount of Rs.32,25,258/- thereby committed offence of breach of trust and cheating. In the said FIR, no names of RTO office bearers were mentioned. On 27.04.2016 Kalol Taluka Police Station has noticed one vehicle without registration number and on making inquiry it was found that vehicle has traveled 11000 kms without getting registered with RTO. The concerned police officer seized the said vehicle and informed the RTO office to take appropriate steps. Upon inquiry, it was found that retail invoices provided to the customer was showing sale amount to the tune of Rs.7,21,728 whereas, the paper submitted by the dealer i.e complainant namely Popular Wheelers showed the sale price of Rs.4,31,728. On 16.06.2016 the Motor Vehicle Commissioner directed the concerned ARTO office to lodge an FIR against the dealer for submitting false invoices before the office of RTO by preparing two invoices of the same vehicle. Subsequently, FIR was culminated into charge-sheet and the same was challenged before this Court by filling quashing petition been Special Criminal Application No.9344/2016. As per the allegations made in the complaint, the FIR which was lodged before the Sabarmati Police Station, at the instance of accused the no.2 and 3, who are the present applicants, the said FIR came to be lodged under the instructions of the Transport Commissioner. It is submitted that prior to lodging of FIR, the complainant i.e respondent no.2 has made representation about the however, despite the same, I-CR No.255 of 2016 was filed. This Court in the quashing proceedings has quashed the said FIR vide order dated 31.08.2017. It is contended in the complaint that as the present applicants, who are accused no.2 and 3, were shown as absconding accused, in the charge-sheet which is led in the FIR filed by present applicant, to defend the complainant the FIR being no.255 of 2016 came to be lodged which was subsequently quashed on merits. It is contended that the complainant was threatened and the aforesaid complaint was forced to withdraw the complaint however, as the complainant did not paid any heed false FIR being I-CR No.255 of 2016 came to be filed and subsequently, the publications were made in the newspa