VISHAL RAMESHBHAI GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No.I-11191017210058 of 2021 registered with Gujarat Univesity Police Station, Ahmedabad City, District Ahmedabad for the offences under Sections 406, 420 and 114 of the Indian Penal Code, 1860.

(3.) At the outset, learned advocate Mr.Hardik Dave appearing on behalf of the applicant has submitted that main accused who is having graver role in the present offence is released on anticipatory bail by the Co-ordinate Bench vide order dated 28.04.2021 passed in Criminal Misc. Application no.5394 of 2021. He has submitted that allegations levelled in the F.I.R. is that the co-accused, Darshan Pravinchandra Vyas and the applicant has not been paid out of total 58,55,000/- despite there being an MOU executed between the complainant and the accused. It is alleged that the accused have closed the company after getting the investment of Rs.58,55,000/- without informing the complainant. It is submitted that proceeding under Section 138 of the Negotiable Instrument Act are also undertaken and initiated against the present applicant.