Vipul M. Pancholi,J. - (1.)By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicant prays for quashing and setting aside the FIR being C.R.No.11209056210415/2021 registered with Himmatnagar 'B' Division Police Station, Sabarkantha for the offence punishable under Sections 406, 420 and 506(2) of the Indian Penal Code.
(2.)Heard learned advocate, Mr. M.P. Thakur for the applicant and learned Public Prosecutor, Mr. Amin for the respondent no.1 - State of Gujarat.
(3.)Learned advocate for the applicant has referred to the averments and allegations made against the applicant in the FIR in question and, thereafter, contended that the ingradients of the alleged offences are prima facie not made out. It is further submitted that for the alleged incident which took place in July, 2019, FIR is lodged on 31.03.2021, therefore, there is gross delay in lodging the FIR, for which, the respondent no.2 has not given any explanation. Learned advocate for the applicant has referred to the documents which are placed on record and, thereafter, contended that the impugned FIR is nothing but a gross abuse of the process of the court and in fact, the applicant has given seven cheques to the respondent no.2 - complainant and with malafide intention, the present FIR has been filed. 'It is, therefore, urged that the impugned FIR be quashed and set aside.