UMANG VISHNUBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No.I-116 of 2019 with Odhav Police Station, Ahmedabad for the offence punishable under Sections 408 and 420 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the offence is regarding receiving the cash from the customers of the complainant with whom the applicant was employed and instead of utilizing the same for the purpose of registration of sale deeds has pocketed the amount. It is submitted that the sale deeds were executed and for that purpose, copy of the Index is produced at Annexure-E Colly. It is also submitted that the applicant being only employee has acted in due course by receiving the money from the customers and is handing over the same in the account of his employer at his office and therefore, no offence can be said to have been made out.

(3.) As against, learned Additional Public Prosecutor opposes the application stating that there are statements of not less than 53 persons to indicate that the applicant has received in cash amount on behalf of the complainant.