Nitin Uppal vs State Of Gujarat on 22 November, 2018

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Gujarat High Court

Nitin Uppal vs State Of Gujarat on 22 November, 2018

Bench: Sonia Gokani

       R/CR.MA/21737/2018                                              ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 21737 of 2018
==========================================================
                         NITIN UPPAL
                            Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR RASESH H PARIKH(3862) for the PETITIONER(s) No. 1,2
MR.HEMANG H PARIKH(2628) for the PETITIONER(s) No. 1,2
for the RESPONDENT(s) No. 2
PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1
==========================================================
CORAM:               HONOURABLE MS JUSTICE SONIA GOKANI
                           Date : 22/11/2018
                            ORAL ORDER

1. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973, the Applicant is seeking to quash the FIR being I- C.R. No. 305/2018, registered with Salabatpura Police Station, Surat, for the offence punishable under Sections 406, 420, 504, 506(2) and 114 of the Indian Penal Code, 1860.

2. Learned Advocate, Mr. Parikh, appearing for the petitioner has pointed out to this Court that for the transactions of purchase of clothes by and between the parties, which have taken place in the month of March, 2017, he has already made payment and E-mails have been exchanged of making full and final payment of the entire delivery. He has urged that this has been disregarded and deliberately suppressed by the original complainant. He, further, has urged Page 1 of 2 Downloaded on : Thu Nov 05 02:39:50 IST 2020 R/CR.MA/21737/2018 ORDER that the documentary evidence very clearly depict that this is a civil dispute, which has been given a criminal colour, if at all, there is any outstanding dues.

3. NOTICE, returnable on 3RD DECEMBER, 2018. Learned APP waives service of rule for the respondent-State.

4 In the meantime, the decision of the Apex Court rendered in the case of 'JOGINDER KUMAR VS. STATE OF UTTAR PRADESH', (1994) 4 SCC 260, shall be scrupulously followed by the concerned investigating officer. Direct service is permitted.

(SONIA GOKANI, J) UMESH/-

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