RAJPUT VIJAYSINH NATWARSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted

(2.) The appellant-accused has challenged a judgment passed by the learned Single Judge of the High Court of Gujarat at Ahmedabad in R/Special Criminal Application (Quashing) No. 1955 of 2024, dtd. 4/12/2024 whereby release of case property (cash)[Hereinafter 'muddamal'] in connection with First Information Report being CR No. 11206078220159 of 2022 was allowed by the Court. The said application before the High Court was preferred against orders dtd. 1/8/2023 and 30/12/2023 passed by the Additional Chief Judicial Magistrate of Unjha, in Criminal Case No. 366 of 2022 and by the Additional Sessions Judge, Mahesana Visnagar, respectively.

(3.) The facts, leading up to the impugned judgment, as can be understood from the judgments of the Courts below are that one Chiragkumar Dilipbhai Natwarlal Modi, lodged a complaint before the PS Unava, District Mahesana on 9/4/2022 alleging that the appellant-accused ran a proprietary firm by the name of Jay Gopal Trading Company and had conducted business with the complainant worth Rs.44,53,714.00 in castor seeds on different dates and various cheques given in respect of this amount were returned due to insufficient balance. It was also alleged that the said Company had done business with other concerns totalling Rs.3,49,07,073.00 (including the payment of the complainant) and had similarly not paid the amounts due. The police completed its investigation and presented chargesheet on 5/6/2022 under Ss. 406, 420 and 120-B Indian Penal Code, 1860. Therein, in support of its case the State listed a total of 41 witnesses and respondent no. 2 herein / the petitioner before the High Court was listed at serial no. 4 in the said list.