R/SCR.A/8650/2018 ORDER DATED: 22/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8650 of 2018 ========================================================== KISHOR KUMAR JHA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR P P MAJMUDAR(5284) for the petitioner(s) No. 1 MR ADIL R MIRZA(2488) 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 : 22/07/2025 ORAL ORDER 1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed to quash and set aside the FIR being C.R.No.I-346 of 2018 registered with Salabatpura Police Station, Surat for the offences under Sections 406, 420, 504, 506(2) and 114 of Indian Penal Code and all the consequential proceedings arising therefrom. 2. Heard learned advocates for the respective parties. 3. Learned advocate for the petitioner after reading FIR would submit that apart from introducing main accused, the petitioner has not done anything. He would further submit that there is no allegation in FIR that petitioner has obtained any financial gain from the alleged transaction. In view of that, prima facie, alleged R/SCR.A/8650/2018 ORDER DATED: 22/07/2025 offences are not attracted. 3.1. Upon above submissions, learned advocate for the petitioner submitted to allow the application and quash the FIR. 4. Learned advocate for the private respondent 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 petitioner 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 petitioner in commission of offence, whereby according to the complainant, the petitioner 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 sale price would be civil dispute. The findings of Hon'ble Apex Court squarely covers the present issue. Page 2 of 3 R/SCR.A/8650/2018 ORDER DATED: 22/07/2025 7 In the result, the application is allowed. The impugned FIR being C.R.No.I-346 of 2018 registered with Salabatpura Police Station, Surat as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner 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 22/07/2025 14:52:50