R/CR.MA/19864/2019 ORDER DATED: 29/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 19864 of 2019 ========================================================== SANDEEP NANDLAL KUKKAR & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MS HELLY MAKWANA for MR AFTABHUSEN ANSARI(5320) for the Applicant(s) No. 1 ADVOCATE NOTICE SERVED for the Respondent(s) No. 2 MR TIRTHRAJ PANDYA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 29/07/2025 ORAL ORDER Though served, none appears for the respondent No.2. 1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioners prayed to quash and set aside the FIR being C.R.No.I-35 of 2019 registered with Puna Police Station, Surat for the offences under Sections 406, 420, of Indian Penal Code and all the consequential proceedings arising therefrom. 2. Heard learned advocates for the respective parties. 3. Learned advocate for the petitioners would submit that the alleged allegations took place between the year 2015 and 2016 R/CR.MA/19864/2019 ORDER DATED: 29/07/2025 and the FIR was lodged in 2019. He would further submit that the complainant supplied defective goods and after due negotiation, the petitioners issued debit notes to the complainant and this fact is suppressed by the complainant to the police. In view of that, prima facie, alleged offences are not attracted. 3.1. Upon above submissions, learned advocate for the petitioners submitted to allow the application and quash the FIR. 4. Learned APP after argument to some extent, failed to point out that how the offences u/s 406, 420, 504, 506(2), 114 of the IPC is made out, as commercial transaction between the parties have been given colour of criminality. Therefore, it is submitted to dismiss the application. 5. Learned APP submits that it is case where the petitioners has cheated the complainant and therefore, offence u/s 406 and 420 are made out. Therefore, it is submitted to dismiss the petition. 6. Having heard learned advocates for both the sides and considering the role of the present petitioners in commission of offence, whereby according to the complainant, the petitioners has purchased goods from the complainant and did not make payment of the outstanding amount and also gave threat to the complainant. Recently, Hon'ble Apex Court in the case of Ashok kumar Jain v/s. State of Gujarat [SLP Criminal No.1850 of 2020], had addressed the issue and held that non payment of R/CR.MA/19864/2019 ORDER DATED: 29/07/2025 sale price would be civil dispute. The findings of Hon'ble Apex Court squarely covers the present issue. 7 In the result, the application is allowed. The impugned FIR being C.R.No.I-35 of 2019 registered with Puna Police Station, Surat as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioners herein. Direct service is permitted. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 29/07/2025 16:44:47