R.M.CHHAYA - (1.)HEARD Mr.Vishwas S. Dave, learned advocate for the applicants, Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1 State and Mr.Chirag H. Parekh, learned advocate for respondent No.2original complainant.
(2.)BY way of the present application under Section 482 of the Code of Criminal Procedure, 1973 the Code the applicants have prayed for quashing and setting aside F.I.R. being C.R. No.I142 of 2007 registered at Gadhada Police Station, Dist. Bhavnagar along with Criminal Case No.71 of 2009 pending at Judicial Magistrate, First Class, Gadhada, Dist. Bhavnagar for the offences under Sections 385, 506 2 , 114 of the Indian Penal Code, 1860 the IPC and Sections 32 and 33 of the Money Lenders Act as well as all the other consequential proceedings arising out of the aforesaid F.I.R.
The facts as revealed from the record of the application are : that initially the impugned F.I.R. came to be registered for the alleged offences under Sections 143, 385, 506 2 of the IPC and Sections 32 and 33 of the Money Lenders Act. That after investigation chargesheet came to be filed by the investigating agency against the present applicants only and charge under Section 143 of the IPC came to be dropped.

(3.)IT is alleged in the impugned F.I.R. that because of financial crises the first informant borrowed a sum of Rs.2,50,000/ from applicant No.1 and was supposed to pay the same with interest. It is alleged in the impugned F.I.R. that the first informant was threatened that in case if the first informant refuses to pay the said amount, he may have to give his house in lieu of the said amount. On this factual background it is alleged in the impugned F.I.R. that because of this incident the present applicants threatened the first informant to kill.