NIRAV PRAFULBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent - State.

(2.) This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR No.11210002201869 of 2020 registered with Sachin GIDC Police Station, District Surat for offences punishable under sections 406, 409, 420, 504, 506(2), 120-B and 34 of IPC.

(3.) Mr. P.P. Majmudar, learned advocate for the applicant, submitted that the present applicant - accused has not received any yarns prior to all the misdeed by accused no.1 and his wife - accused no.2, who has been granted anticipatory bail. Mr. Majmudar, submitted that prior to this complaint, the applicant has given a complaint on 22.08.2020 and he has also given a detailed reply to the notice under Section 138 of the Negotiable Instruments Act. The four cheques were under stop payment instruction of the present applicant. He submitted that in the present complaint there are material suppression of facts regarding the reply, legal notice under Section 138 of the N.I. Act and complaint. Mr. Majmudar further submitted that at the most it could be a commercial transaction and the applicant has very categorically denied the receipt of yarns. He submits that the case of the applicant is that accused no.1 has misused the identities and the applicant's name and the accused no.1 cheated the complainant. He further submitted that no credit has been taken on GST in this transaction. It was, therefore, prayed that the present application may be allowed and the applicant herein may also be released on regular bail.