Case- Brijeshkumar Maheshbhai Patel vs State Of Gujarat
Decided on: 14th June 2023
CORAM: HON’BLE Justice Samir J. Dave
Facts of the Case
The applicant in this case has requested to quash and set aside an FIR (First Information Report) registered against them under various sections of the Indian Penal Code and the Gujarat Money Lending Act. The FIR alleges that the complainant borrowed money from the applicant, made partial repayments, and then issued a bounced cheque for the remaining amount. The complainant further accuses the applicant of avoiding the legal proceedings related to the cheque bounce case.
The applicant argues that the FIR is illegal, improper, and filed with malicious intent to harass them. The applicant’s advocate contends that the allegations in the FIR do not constitute any offense and that the ingredients of the alleged offenses are not present. They also state that the applicant did not issue threats or use abusive language against the complainant.
Judgement
The court refers to the recent Supreme Court decision in Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and others, which emphasizes that the power to quash criminal proceedings should be exercised sparingly and only in rare cases. The court notes that it should not evaluate the evidence or determine the veracity of the allegations at the stage of considering quashing of the FIR. Therefore, the court concludes that it is premature to quash the FIR based on the evidence presented at this stage.
As a result, the court rejects the application without issuing a notice to the other side, as it deems the case not suitable for quashing the criminal proceedings under Section 482 of the Code of Criminal Procedure.
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Written by- Aadit Shah
