Gujarat High Court
Paresh Navinbhai Bagdai vs State Of Gujarat & on 28 January, 2015
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
R/SCR.A/64/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 64 of 2015
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PARESH NAVINBHAI BAGDAI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR PJ KANABAR, ADVOCATE for the Applicant(s) No. 1
MR SIKANDER SAIYED, ADVOCATE for the Respondent(s) No. 2
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 28/01/2015
ORAL ORDER
1. Rule. Learned advocate Ms. Maithili Mehta waives service of notice of Rule on behalf of respondent No.1 - State of Gujarat and learned advocate Mr. Sikander Saiyed waives service of notice of Rule on behalf of respondent No.2 - original complainant.
2. This petition is filed under Article 226 of the Constitution of India with a prayer to quash and set aside the FIR bearing C.R.No.II143 of 2014 registered with Rajkot 'B' Division Police Station for the offences punishable under Sections 504 of the Indian Penal Code read with Sections 5, 40 and 41 of the Bombay Money Lenders Act, 1946 qua the petitioner.
3. During the course of the argument, learned advocate for the petitioner Shri P.J.Kanabar submitted that the FIR was lodged on 30 th December 2014 against the petitioner - accused. However, the cheque, which was given by the complainant to the petitioner was deposited on 31st December 2014 in HDFC bank and the said cheque was honoured Page 1 of 3 R/SCR.A/64/2015 ORDER and therefore, the complainant has filed an affidavit dated 20 th January 2015, wherein he has stated that:
"2. I say it is true that I had borrowed Rs.2,00,000/ from the petitioner and as against that I had issued Cheque No.51273 of the like amount i.e. Rs.2,00,000/. I say that the petitioner has tendered the said Cheque in the HDFC bank account no.50202008604436 on 31.12.2014. I say that the said cheque has been cleared. I say that in view thereof the impugned FIR if is quashed and set aside qua the petitioner, I have no objection."
4. Thus, learned advocate for the petitioner submitted that now the grievance of the complainant does not survive in view of the subsequent event which has taken place on 31 st December 2014. Learned advocate for the petitioner has relied upon the decisions of the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Narinder Singh and Ors. Vs. State of Punjab & Anr., reported in 2014(6) SCC 466, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582 and Dimpey Gujral Vs. Union Territory, reported in AIR 2013 SC 518 and the decisions of this Court in the case of Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190.
5. Today, when the matter is taken up for final hearing, respondent No.2 - original complainant is personally present before this Court and learned advocate Shri Saiyed for respondent No.2 has identified him. Respondent No.2 has stated that if the impugned FIR is quashed and set aside, he has no objection as per the affidavit given by him.
6. Learned APP Ms. Maithili Mehta has submitted that in the facts Page 2 of 3 R/SCR.A/64/2015 ORDER and circumstances of the present case, this Court may pass appropriate order.
7. Having heard the learned counsel appearing for the respective parties and having considered the contents of the affidavit filed by the respondent No.2 herein - original complainant and in view of the aforesaid decisions cited by the learned advocate for the petitioners, I am of the opinion that no fruitful purpose would be served in continuing the proceedings against the petitioner and further continuation of criminal proceedings in relation to the impugned FIR against the petitioner would be unnecessary harassment to him. Hence, to secure the ends of justice, the impugned FIR bearing C.R.No.II143 of 2014 registered with Rajkot 'B' Division Police Station is hereby quashed and set aside qua the present petitioner. Rule is made absolute. Direct service is permitted.
(VIPUL M. PANCHOLI, J.) Jani Page 3 of 3