DINESHBHAI AMRUTHBHAI CHOTALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service. Heard learned advocate for the applicant and learned APP for the respondent-State and learned Senior Counsel appearing for the original complainant.

(2.) This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 406 , 420 , 465 and 120-B of the Indian Penal Code for which FIR came to be registered at C.R. No.A- 11214042200177 of 2020 with Olpad Police Station, Surat.

(3.) On consideration of the rival submissions, it transpires that an agreement to sell and subsequently the possession receipt of the disputed property came to be executed between the accused no.1 and the complainant. It is the prosecution case that at the relevant point of time, the applicant by not making a disclosure about the existing encumbrances i.e. mortgage of the property in question exposed himself to various offences accused No.1 and others are charged with. It is worthwhile to note that the complainant is a property dealer and the first meeting with regard to the agreement to sell with accused No.1 by him was somewhere in 2016. At the relevant point of time, concededly; he did not inquire into the title and he appears to have entered into said inquiry only after a dispute arose between him and accused No.1 who as per the agreement was to complete the construction; but could not do so owing to his financial constraints. It appears that thereafter in the year 2019, the bank moved into action and declared the petitioner as defaulter.