Kishorbhai Bachuram Kapdi vs State Of Gujarat on 22 July, 2021

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Gujarat High Court

Kishorbhai Bachuram Kapdi vs State Of Gujarat on 22 July, 2021

Bench: Gita Gopi

   R/CR.MA/5706/2019                                    ORDER DATED: 22/07/2021




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO. 5706 of 2019

=============================================
                       KISHORBHAI BACHURAM KAPDI
                                 Versus
                            STATE OF GUJARAT
=============================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MONALI BHATT, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
=============================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                           Date : 22/07/2021

                                ORAL ORDER

Mr.Ashish Dagli, learned advocate for the applicant, submitted that the applicant as an export oriented unit named Vashistha Industries Limited, had takenover cash credit from Syndicate Bank worth Rs.250 Lacs on the documents submitted in the Gandhidham Branch and on verification of the documents, loan was sanctioned and thereafter, the loan was enhanced by Rs.400 Lacs. The company had approached State Bank of India for banking and State Bank of India agreed working capital of Rs.900 Lacs with better service charges and in the same month Mr.Rohit Bhujbal was appointed as New SME Head at Rajkot and who had made personal visit and had resolved of all matters including over charged interest rate. It is stated that different 13 properties with original papers were submitted for mortgage with the Axis Bank, the account was regularly operated and again additional loan of Rs.400 Lacs was approved. Mr.Dagli submitted that since the complainant -

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R/CR.MA/5706/2019 ORDER DATED: 22/07/2021 the present applicant had filed an FIR as a counter blast, the impugned FIR is filed on the ground that there was some discrepancies in the figures and the documents placed before the Bank. Mr.Dagli submitted that some unsigned documents from the file of the Chartered Accountant were taken which has no relevance to the transactions of the applicant and he stated that the original authenticated documents were signed by the company to Registrar of Companies, Gujarat Commercial Tax Department, Income Tax Department. Still, however, without comparing and verifying the facts, false FIR has been lodged which has become a hindrance for the applicant's business overseas.

On the grounds and other grounds stated in the present application as prayed for quashing of the FIR, let Notice be issued to the respondents, making it returnable on 25.08.2021. Ms.Monali Bhatt, the learned APP waives service of notice on behalf of respondent No.1 - State. The respondent no.2 be served through local police.

In the meantime, relief in terms of paragraph 25 (C) is granted.

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