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CR.MA/1423/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1423 of 2011
=========================================
UTPALBHAI
JAYANTIBHAI THAKKAR & 4 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
MB PARIKH for
Applicant(s) : 1 - 5.
MR LR POOJARI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
MR ANVESH V VYAS for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 19/04/2011
ORAL
ORDER
1. Rule.
Mr.L.R.Poojari, learned APP and Mr.Anvesh Vyas, learned Advocate
waive service of rule on behalf of respondent no.1 and 2
respectively.
2. Present
application is filed by the applicants to quash the complaint dated
14.09.2010 being C.R.No.I-197 of 2010 registered with “A”
Division Police Station, Junagadh City for the offence punishable
under section 379 of Indian Penal Code.
3. It
is the case of the applicants that complaint was filed by respondent
no.2 – original complainant. In the complaint it is stated that
the complainant had parked his taxi in front of his house and went to
Amerli and when he returned back he did not found his taxi. It is
also stated in the complaint that he has tried to search the taxi but
could not trace out. Therefore, complainant filed complaint against
present applicants.
4. It
is submitted by Mr.Parikh, learned Advocate for the applicants that
applicants are accused in Criminal Case no.3593 of 2010 which is
pending before the learned JMFC Court, Junagadh. It is submitted that
original complainant had taken loan from the Bank where present
applicants are working. One of the applicant is Branch Manager and
others are employees of Bank and as per guidelines of Reserve Bank of
India they initiated steps to recover loan amount from respondent
no.2 – original complainant as he failed to make payment of
loan amount. The applicants followed guidelines issued by Reserve
Bank of India and issued notice to original complainant as well as
informed police before taking custody of the vehicle and thereafter,
they took custody of said vehicle. Mr.Parikh, learned Advocate for
the applicants has drawn attention of this Court to relevant
documents which prima facie shows that after following guidelines of
Reserve Bank of India and after following due procedure of law,
applicants took custody of vehicle and no offence is committed by the
present applicants. Mr.Parikh, learned Advocate has relied upon
following decisions in support of his submissions and to allow the
present petition :-
1. Charanjit
Singh Chadha and Ors. v/s. Sudhir Mehra [2001 SCC (Cri.) 1557] of
Hon’ble Supreme Court of India.
2. Criminal
Misc. Application No.2708 of 2007 dated 31.07.2007 of Hon’ble High
Court of Gujarat
5. Petition
is opposed by Mr.Vyas, learned Advocate for the original complainant.
It is submitted that charge sheet is filed and prima facie offence is
made out and this petition is filed at belated stage and is required
to be dismissed.
6. Learned
APP for respondent no.1 – State has requested to pass
appropriate order.
7. Taking
into consideration allegations made in the complaint, it is very
difficult to believe that theft is committed by the present
applicants. It prima facie seems that against recovery of loan
amount, complainant has filed complaint as counter blast against
present applicants. It is not in dispute that original complainant
had taken loan amount from the Bank of applicants. However, he failed
to make payment of loan amount and therefore, notice was issued as
per guidelines of Reserve Bank of India, therefore, it cannot be said
that any offence is made out against applicants for the offence
punishable under section 379 of Indian Penal Code as they took the
possession of vehicle after following due procedure of law. It is
also pertinent to note that so far as present applicants are
concerned, they are not going to gain any monetary benefits but in
the interest of financial company (Bank) they issued notice to
original complainant.
8. In
view of above and considering the decisions referred to above,
present petition succeed. Impugned complaint being C.R.No.I-197 of
2010 registered with “A” Division Police Station,
Junagadh City is hereby quashed and set aside qua present applicants.
Rule is made absolute to the aforesaid extent.
[M.D.Shah,
J.]
satish
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