Gujarat High Court
Rajkumar Gehimal Chellani vs State Of Gujarat & on 19 March, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/1907/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1907 of 2014
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RAJKUMAR GEHIMAL CHELLANI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR ABHISHEK M MEHTA, ADVOCATE for the Applicant(s) No. 1
MR DHAVAL SHAH, ADVOCATE for the Respondent(s) No. 2
MR NJ SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 19/03/2015
ORAL ORDER
1. Rule returnable forthwith. Mr. Shah, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Dhaval Shah, the learned advocate has entered appearance on behalf of the respondent No.2 original first informant and waives service of notice of rule.
2. By this writapplication under Article 226 of the Constitution of India, the petitioner original accused seeks to invoke the inherent powers of this Court praying for quashing of the F.I.R. being C.R. No.I62 of 2014 filed before the Gandhidham 'B' Division Police Station, Kutch West for the offence punishable under Sections406 and 420 of the I.P.C.
3. Today, when the matter is taken up for hearing, it is jointly submitted by the learned advocates appearing for the respective parties Page 1 of 4 R/SCR.A/1907/2014 ORDER that the settlement has taken place between the accused and the first informant. It appears to be a case of dispute between two individuals and the same relates to a commercial transaction. Shri Jagmohansingh Surjitsingh Kang the respondent no.2 i.e. first informant is personally present in the court and he is being identified by his learned advocate Mr. Dhaval Shah. He has also filed an affidavit interalia stating as under: I, Jagmohansingh Kang, Son of Surjitsingh, Sikh, Adult, Indian, Inhabitant, Residing at Mansi Nivas, Plot No.53, Sector 7A, Gandhidham do hereby on solemn affirmation state as under:
1. I state that I have read the Memo of the petition as well as the annexures to the petition filed by the Petitioner and being conversant with the facts of the case, I am competent to file and swear the present affidavit.
2. I am filing the present affidavit with a view to bring the events on record which arises out of FIR CRI No.62/2014 Dated 21/3/2014 filed by me and clear my stand on this issue.
3. I state that I am engaged in the manufacture of worn cloths and also in the trading business of imported worn cloths in the name of M/s. Flex Apparels Pvt. Ltd and I am one of the directors in the said company. We import the worn cloths and after processing the said imported materials, we clear it for further export and also clear some of the quantity in the local market i.e. Domestic Tariff Area (DTA) after mutilation. We have our manufacturing unit at the Kandla Special Economic Zone (KSEZ) wherein we can import the materials without payment of duty and export the same, the scheme is such that the unit can clear some quantity of mutilated used clothes (OGL category) in the DTA after due payment of duty and same was followed by us time to time.
4. I state that I had approached the petitioner to take some advice about our problems with regard to the DTA clearance and the percentage of quantity to be cleared in the DTA. The petitioner being a Secretary of Kandla Special Economic Zone Industries Association and conversant with the Central Government Policy pertaining to the Special Economic Zones had informed about the Draft Guidelines to regulate functioning of worn and used clothing units in SEZ issued by the Government of India, Ministry of Commerce & Industry, Department of Commerce, SEZ Division, New Delhi and apprised about the restrictions of the DTA of unmutilated Page 2 of 4 R/SCR.A/1907/2014 ORDER clothing on account of export surplus or export rejects will not exceed 15% of the value of exports of the unit. Since, it was a draft guidelines, the petitioner specifically informed that the government has sought comments on the draft policy from various government authorities and further I have been informed about the circular issued by the Board of Approval of Ministry of Commerce on the issue.
5. Thereafter, we have also applied for the renewal/ extension of Letter of approval for worn and used clothing and same was granted vide letter dated 18/12/2013, whereby we have been allowed to sale in DTA of unmutilated clothing on account of export surplus or export rejects will not exceed 15% of the physical export turnover of the unit. Since I was not knowing about the legal procedure and benefits available to us, I met the petitioner but due to some misunderstanding I formed an opinion that the petitioner has played mischief with us and played fraud against us and due to his act, I had to suffer a huge loss of Rs.60 Lakhs (Approx) and under the misconception, I lodged a complaint against the petitioner vide C.R. No.I62/2014 on 21/3/2014 before the Gandhidham Police Station, DivisionB.
6. I state that, subsequently on my inquiry and proper guidance, I came to know about the scheme of the Commerce Ministry and available notifications, I further came to know that it was my lack of knowledge about the law and the notifications available during relevant time, I had lodge a criminal case alleging fraud and cheating against the petitioner but in vie of the subsequent development and the knowledge acquired by me, I do not press my complaint C.R. No.I62/2014 lodged before the Gandhidham Police Station, DivisionB. I state that, I am filing this reply affidavit without any influence or pressure and with my own wish. This Hon'ble Court may pass appropriate orders in view of my above averments and oblige."
4. Taking into consideration the nature of the dispute and the fact that both the parties have decided to resolve the dispute, I am of the view that no useful purpose would be now served to continue with the investigation.
5. In the result, this application is allowed. The F.I.R. being Page 3 of 4 R/SCR.A/1907/2014 ORDER C.R. No.I62 of 2014 filed before the Gandhidham 'B' Division Police Station, Kutch West, is hereby ordered to be quashed. Consequently, all further proceedings pursuant to the FIR shall stand terminated.
Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 4 of 4