GANPATBHAI DASHBHAI MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application filed by the applicant seeking regular bail post charge-sheet under Section 439 of the Code of Criminal Procedure in connection with offence registered as FIR No. 11196030200053 lodged at Sayajiganj police station, Vadodara for offences punishable under section 120B , 406 , 420 , 465 , 467 , 471 and 114 IPC.

(2.) One Vishal - son of Jagdish Liladhar Mehta lodged the FIR against the applicant - accused no. 2 Ganpatbhai Mali , accused no. 1 - Mukesh Chandrakaant Shah and one Chandrasinh Vala. The case of the prosecution is that the complainant and his father deal in the business of real estate. In October 2011, the accused no. 1 - Mukesh Shah came to their office along with a farmer Vajubhai Bhalia saying that the farmer wanted to sell land admeasuring 4-04-69 (hec/Are/square meter). The complainant and his father took the land and it was decided that the consideration could be Rs.401,11,111/- and a token amount of 5,51,111/- was paid. The complainant further alleged that over a period of time various cheques were issued in the name of the vendor on the instructions of Mukeshbhai. When they insisted for execution of sale deed the accused started avoiding execution of the sale deed. An FIR was filed that it was accused no. 2 - present applicant who impersonated himself as the farmer, procured PAN card and Aadhar card details from Vajubhai Bhalia, the farmer and opened a bank account in SBI, Sevasi branch. In the process of opening the account in the name of the farmer Vajubhai Bhalia, the accused no. 2 - applicant consideration could be Rs.401,11,111/- and a token amount of 5,51,111/- was paid. The complainant further alleged that over a period of time various cheques were issued in the name of the vendor on the instructions of Mukeshbhai. When they insisted for execution of sale deed the accused started avoiding execution of the sale deed. An FIR was filed that it was accused no. 2 - present applicant who impersonated himself as the farmer, procured PAN card and Aadhar card details from Vajubhai Bhalia, the farmer and opened a bank account in SBI, Sevasi branch. In the process of opening the account in the name of the farmer Vajubhai Bhalia, the accused no. 2 - applicant herein used the photograph of accused no. 3 Chandrasinh to pass off as the farmer based on the Aadhar card and the election card details obtained from the farmer. He then induced the purchaser i.e. the complainant's father to issue several cheques totalling to an amount to Rs.2,06,11,111/-. The cheques were deposited in this bank account and then withdrawn by the applicant - accused no. 2.

(3.) Mr. Percy Kavina, learned Senior Advocate appearing with Mr. Amit Chaudhary, learned advocate for the petitioner would submit that the transaction in question is of the year 2011 and the FIR has been filed 9 years after the incident i.e. in the year 2020. He would further submit that prima facie reading of the FIR would indicate that essentially it is a civil dispute. Mr. Kavina would invite the attention of this court to the averments in the FIR in the context of forging of documents and would submit that this would fall in the realm of civil dispute not attracting provision herein used the photograph of accused no. 3 Chandrasinh to pass off as the farmer based on the Aadhar card and the election card details obtained from the farmer. He then induced the purchaser i.e. the complainant's father to issue several cheques totalling to an amount to Rs.2,06,11,111/-. The cheques were deposited in this bank account and then withdrawn by the applicant - accused no. 2. 3. Mr. Percy Kavina, learned Senior Advocate appearing with Mr. Amit Chaudhary, learned advocate for the petitioner would submit that the transaction in question is of the year 2011 and the FIR has been filed 9 years after the incident i.e. in the year 2020. He would further submit that prima facie reading of the FIR would indicate that essentially it is a civil dispute. Mr. Kavina would invite the attention of this court to the averments in the FIR in the context of forging of documents and would submit that this would fall in the realm of civil dispute not attracting provisions of the sections invoked. He would further claim parity inasmuch as according to him the accused no. 3 - Chandrasinh Vala has been released on regular bail by the Additional District Judge Vadodara by an order dated 15.05.2020.