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CR.MA/4945/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4945 of 2010
=========================================================
JAYESHKUMAR
NAVNITLAL GANDHI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
JV JAPEE for
Applicant(s) : 1,
MR MG NANAVATI ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/07/2010
ORAL ORDER
The
petitioner, one of the accused, seeks quashing of the complaint
(Annexure-F) pending before the learned Chief Judicial Magistrate,
Himatnagar in Criminal Case No.3717 of 2006. The case has been lodged
by the Sabarkantha District Co-operative Central Bank Ltd. against
the petitioner and other co-accused alleging offence under Section
406, 420 read with Section 114 of IPC. Petitioner prays that this
complaint be quashed on the ground that no accusation of criminal
nature have made out against the petitioner. Counsel for the
petitioner submitted that in exercise of the powers under Section 482
of Code of Criminal Procedure, the complaint be quashed.
I
have heard learned counsel for the petitioner and learned APP for the
State and perused the documents on record. In the complaint, the
complainant has alleged inter alia that the accused persons in name
of Niki Oil Mill had taken huge amounts by way of loan loan way back
in the year 1995 and the principal with unpaid interest reached to
Rs.19,05,947/-. The accused have not so far paid any amount towards
the said outstanding loan. They went on giving false promises and
from the very out-set they never intended to pay back the bank loan.
Thereafter, on the said outstanding, adding an amount of
Rs.39,83,429/- towards further interest payable by 30.04.2006, total
unpaid amount due stands at Rs.58,89,376/-. It is further alleged
that all the accused have given false promises and false letters of
guarantee. It is also additionally alleged by the bank against the
present petitioner that he who was the proprietor of M/s Niki Oil
Mill with a view to defraud the bank and defeat the entire claim
first went away from Sabarkantha to Mumbai and thereafter to United
States of America. It is, thus, alleged that the petitioner had
cheated and defrauded the bank of the large sums of money.
On
the said complaint, the learned Magistrate, by his order dated 2nd
December 2006 issued process against all the accused for offence
punishable under Section 406 read with 114 of IPC. Long time
thereafter this petition is filed seeking quashing of the complaint
and the order passed by the learned Magistrate.
Upon
perusal of the complaint and the order passed by the learned
Magistrate, it cannot be stated that the complaint does not disclose
any offence. Allegations made in the complaint if read in entirety
and taken on face value and accepted to be true, in particular those
against the present petitioner, they do disclose, prima facie,
commission of criminal offence. No case for quashing is, therefore,
made out. Huge amount of bank in excess to Rs.50 lac has remained
unpaid. The petitioner has taken no steps to pay even part of the
amount. He is stated to have shifted permanently to USA to defeat
Bank claim. Considering all these aspects of the matter, I see no
reason to interfere.
Petition
is, therefore, dismissed.
(
AKIL KURESHI, J. )
kailash
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