PUSHPARAJ JAIN Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the F.I.R. being C.R.No.I-148 of 2019 registered with Anand Town Police Station, Dist.Anand for the offences under Sections 406, 420 and 114 of the Indian Penal Code, 1860.

(3.) It is the case of the prosecution that the applicant along with other co-accused have established a Finance Company and lured people to deposit in the said Finance Company and thereafter, the complainant had contacted the said R.V.Finance Company, a partnership firm, for purchase of shares and deposited total amount of Rs.19,18,000/- in various accounts given by the firm since 2016. Out of Rs.19,18,000/-, the complainant had deposited Rs.5,00,000/-in the account of the applicant but till today no share was purchased by the firm in the name of the complainant and also did not make repayment of the said amount to the complainant and, therefore, he lodged an F.I.R. against the applicant and other accused. It is further alleged that all the communications are made by R.V. Finance Company to the complainant and the applicant is not the partner of the said firm. The amount of Rs.5,00,000/- was deposited by the complainant in the bank account of the applicant upon instructions of one of the partners of the firm, who is a school friend of him.