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Bhavarlal vs Mukeshbhai

High Court Of Gujarat|27 March, 2012

JUDGMENT / ORDER

In these petitions filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed to quash and set aside the orders passed by the revisional court by which judgment and order passed by the learned J.M.F.C. accepting `B' summary filed by the police at the end of investigation came to be accepted on the ground that the dispute had arisen out of the contract executed by and between the parties and the transactions are commercial in nature.
2. Not only that but the courts below have also taken into consideration the report of the examiner of Directorate of Forensic Science and found that the investigation carried out by the Investigating Officer clearly reveals that the dispute was in the realm of civil and commercial transactions and the complainant has dragged the other party of the contract in the criminal proceedings.
3. The view of the concurrent findings of facts recorded by the courts below, and considering the overall facts and circumstances of the case, I am of the considered opinion that no interference is called for by this court in exercise of powers under Articles 226/227 of the Constitution of India. No error much less jurisdictional error is noticed by this Court in the orders passed by the courts below.
All these petitions stand dismissed accordingly.
[Anant S. Dave, J.] *pvv Top
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Title

Bhavarlal vs Mukeshbhai

Court

High Court Of Gujarat

JudgmentDate
27 March, 2012