MOHAMMAD AASIM SALIM AHEMAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) for cancellation of bail granted to the respondent No.2 - accused by the Second Additional Sessions Judge, Ahmedabad (Rural), Mirzapur.

(2.) Heard learned advocate Mr. M. M. Saiyed appearing for the applicant - original complainant, learned APP Mr. L. B. Dabhi for the respondent - State and learned Senior Advocate Mr. Y. S. Lakhani assisted by learned advocate Mr. Pravin Gondaliya for respondent No.2 - accused.

(3.) Learned advocate for the applicant - complainant submitted that FIR being C.R.No.I­176 of 2018 is registered with Vejalpur Police Station for the offence punishable under Sections 406 , 420 , 467 , 468 of IPC against the respondent No.2 - accused. In the said FIR, mainly it has been alleged that respondent No.2 has misused his position as Director of the company and during the period between 2014 to 2017 he had executed various agreements/documents in favour of various customers and thereby obtained Rs.57,15,000/­. However, the said amount has not been deposited in the company and thereby misappropriated the said amount for his personal use. It is also alleged that the respondent No.2 - accused has forged the signature of the applicant - complainant and thereby he has committed the alleged offence.