LAWS(GJH)-2021-4-40

TIMIR MAHENDRABHAI PATEL Vs. STATE OF GUJARAT

Decided On April 01, 2021
Timir Mahendrabhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I-250 of 2019 registered with Udhna Police Station, Dist.Surat for the offences punishable under Sections 406, 409, 114 and 120 of the Indian Penal Code, 1860.

(3.) Learned advocate appearing for the applicant submitted that the applicant being a broker and upon the advice of the first informant started supplying cloth from 02.04.2019 to one M/s.Jayval Enterprise of which one Payalben (co-accused) was the proprietor and thereafter, to one M/s. Shree Sai Creation and after several reminders, both the aforesaid proprietorship did not clear the invoices raised by the first informant. It is submitted that the applicant brought the aforesaid proprietorship concerns in contact with the first informant and it is the said proprietorship concerns that received the cloths and in whose name invoices were raised by the first informant. It is submitted that the applicant has no connection either with M/s.Jayval Enterprise or M/s.Shree Sai Creation as his job was only to introduce the buyer with the seller. It is submitted that the alleged transactions have been taken between the buyer and the seller and not the applicant.