Court’s Legal Analysis on Quashing of FIR for Fraud and Embezzlement

The examination of the common impugned judgment dated 05.05.2017, passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application (Quashing) No 4758 of 2015 and Special Criminal Application No.4759 of 2015, allowing and accepting the prayer for quashing of First Information Report No.CR I/2/2015 dated 23.01.2015 registered at Police Station Gandhinagar Zone, District – Gandhinagar, Gujarat, would show that a detailed factual examination and evaluation has been undertaken. Learned counsel for the appellant – Digvijaysinh Himmatsinh Jadeja has also drawn our attention to documents in the form of confirmation letters, which are signed by Mr. Shivendra Singh The impugned judgment refers to the requirements of Sections 406 and 420 of the Indian Penal Code, 1860. Another contention raised by the learned counsel for the private respondent(s) is that the appellant – Digvijaysinh Himmatsinh Jadeja has not accounted and paid for the sale proceeds in terms of the agreement dated 13.08.2013, which has been described as “Operational and Commercial Agreement.” This submission on behalf of the private respondent(s) has been accepted in the impugned judgment. The order dated 14.09.2016 passed by the High Court states that 17 persons had been examined by the investigating officer(s) and statements under Section 161 of the Code of Criminal Procedure, 1973 had been recorded.

Investigation will continue without being influenced by any of the findings or observations made in the impugned judgment or in the present order.

Also Read: https://newslaw.in/supreme-court/supreme-court-upholds-jammu-development-authoritys-right-to-reclaim-premium-paid-by-paramjeet-singh/

Case Title: DIGVIJAYSINH HIMMATSINH JADEJA Vs. THE STATE OF GUJARAT

Case Number: Crl.A. No.-003259-003259 / 2023

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