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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14190 of 2025 ==========================================================

PRATIK GULSHANBHAI ALLAWADI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. HERSCHELLE K. RAVAL(18164) for the Applicant(s) No. 1 MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 02/11/2026

JUDGMENT

1. By way of this application under Article 226 and Article 227 of the Constitution of India, the petitioner has prayed for quashing and setting aside FIR being C.R.No.I – 11214020241297 of 2024 registered with Kamrej Police Station, Surat for the offences punishable under Sections 409, 420, 504, 506(2) and 120(B) of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.

2. Brief facts of the case are as under:-

2.1 The complainant / the respondent no. 2 is in business of manufacturing and trading of grey cloth and is running his business. Before three years, complainant came in contact with with the petitioner through accused no.1. The complainant started supplying grey cloth material to accused no.1 towards which he used to make payment on time. It is alleged that during 10.07.2023 till 16.01.2024, the complainant through his three different firms supplied goods to accused no.1 to the tune of Rs.1,42,67,882/-, however, till date said amount is not paid to complainant. Therefore, impugned FIR came to be lodged against the petitioner and other accused.

3. Learned advocate for the petitioner submitted that on plain reading of FIR, it fails to disclose any essential ingredient of criminal breach of trust or cheating, having punishment defined in section 409 and 420 of IPC. He would submit that FIR on its face value indicates that the complainant / the respondent no. 2 herein used to supply grey cloth material to the accused no.1 and the accused no.1 used to make payment to that effect. It is submitted that apart from introducing original accused no.1 with first informant, no specific role is attributed against the petitioner. It is submitted that prior to registration of FIR, original accused no.1 has already issued cheques of outstanding dues in favour of first informant, however, the said cheques got dishonored and first informant has already filed complaint under the provisions of Negotiable Instrument Act. It is further submitted that in absence of any essential ingredient of section 409 and 420 of IPC, civil transaction has been given color of criminality. Therefore, it is submitted to quash the FIR. In support of his submission, learned advocate for the petitioner has relied on judgment of Hon’ble Apex Court in the case of Delhi Race Club (1940) Ltd. v/s. State of Uttar Pradesh [2024 INSC 626].

3.1 Upon such submission, learned advocate for the petitioner requests to allow the petition.

4. When the matter is called out, none present for the respondent No.2.

5. Learned APP submits that it is case where the petitioner has cheated the complainant and therefore, offence u/s 409 and 420 are made out. Therefore, it is submitted to dismiss the petition.

6. I have heard learned advocates for the parties and perused the record. Bare reading of FIR demonstrate that upon say of the petitioner, the complainant supplied goods of grey cloth material to accused no.1 and since accused no.1 did not pay the amount to the complainant, present FIR is filed under section 409 and 420 of IPC. Section 409 and 420 being relevant provision of law defines criminal breach of trust and cheating as under :-

“409. Criminal breach of trust by public servant, or by banker, merchant or agent —

Whoever, being in any manner entrusted with property, or with any dominion