KESARSINH JOHARSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R.No.I-243 of 2019 with Vastrapur Police Station, District Ahmedabad for the offences punishable under Sections 406 , 417 , 420 , 424 , 506(2) , 294(KH) , 120B and 114 of the Indian Penal Code, 1860 ( IPC ).

(3.) Learned advocate for the applicant has submitted that the allegations made against the applicant are vague and he has been falsely implicated in the alleged offence. He has further submitted that the applicant has been arrested on 07.09.2019 and has been incarcerated since then. He has also submitted that all transactions - either by cash or by cheque were made by the original accused No. 2 i.e. Hitesh Joitaram Patel and accused No.4-Maulikbhai Jayantibhai Patel. He has submitted that the applicant was not aware about all these things, and he is arraigned as an accused merely on the ground that he is one of the partners in the partnership firm. He has further submitted that clause-12 of the partnership deed dated 20.05.2016 clarifies that the bank account would be operated by other partners. He has submitted that as per clause-18 of the said deed Mr.Vishnubhai Rabari-accused No.1 is an administrator or working partner and only accused No.1 is eligible for any documentation, including the sale deed. He has also submitted that accused No.1 i.e. Vishnubhai Rabari has also filed one complaint at Vastrapur Police Station against nine persons, including the present complainant. He has submitted that according to the complainant, three flats purchased by him from the firm and the complainant had paid total amount of Rs.2,14,50,000/- to the partners of the firm i.e. accused No. 2 and 4. According to the calculation made in the FIR, the complainant had paid all the amount either by cash and by cheque but the applicant has not received anything from this cash transaction. Learned advocate for the applicant has invited the attention of this Court to the order dated 25.11.2020 whereby the present applicant has been released on regular bail by the Coordinate Bench of this Court passed in Criminal Misc. Application No. 17280 of 2020 for the similar offence.