Heard learned Advocate Ms.Avni Thaker for HL Patel Advocates for the petitioner. None present for respondent No.1 and respondent No.2. 2. This petition under Section 482 of the Code of Criminal Procedure is preferred by the applicant on various grounds. However, learned Advocate for the petitioner prays only one ground viz., that the dispute is of a civil nature even as per the complaint if it is taken on face value.
3. Learned Advocate has taken this Court through the complaint lodged against the petitioner and submitted that it is very clear from the complaint itself that the dispute was purely of a civil nature. Even as per the complaint, the petitioner had issued a cheque to the original landlord and there is no material on record to support the say of the complainant in any manner. The document which is relied upon, is only notice which has been appropriately replied by the attorney of the petitioner (Annexure –E).
4. Having gone through the complaint, it has to be noted that the dispute is purely of a civil nature. Even the notice does not allege any breach of trust by the petitioner and the complaint, therefore, is purely an afterthought.
5. In this set of circumstances, it is found that the dispute is of a civil nature and when the notice also does not speak of any criminal breach of trust, the Court would be justifying in exercising jurisdiction under Section 482 of the Code of Criminal Procedure to quash the complaint.
6. The complaint being Criminal Case No.998 of 2001 filed before the learned Judicial Magistrate, First Class, Vadodara (Annexure – A) is quashed, so far as it relates to the petitioner - G.R. Arungiri (Ganpati Abraham Ramchandran). Rule made absolute to the aforesaid extent only.
(A L DAVE, J.) sompura