TALIKUNJMA @ LALABHAI MOHAMMADANVAR SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Pratik Barot for the applicant and learned advocate Ms. S.P. Joshi for the original-complainant and learned APP Ms. Monali Bhatt for the Respondent - State.

(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 FIR being C.R. No. 11191048211943 of 2021 registered with Sarkhej Police Station, District: Ahmedabad (City) for the offences punishable under Sections 406, 420 and 114 of the Indian Penal Code.

(3.) The brief facts of the case are that the first informant inter-alia alleging that while she and her husband were in search of a house in the month of November 2020, they were interested in the Scheme namely "Samandar - 2" in Fatewadi, Sarkhej Area. That, the applicant was partner in the said scheme and at that time, scheme was already in process and assurance was given to handover the possession on 26.01.2021 and therefore, the complainant paid Rs.3 Lacs. That, on different dates and at different intervals, total Rs.10 lacs was paid by the complainant. That, since the said scheme was floated on the Government land, therefore the notices were issued to the builders and construction was demolished, upon knowing this thing the complainant approached the builders for the repayment of the amount, however on 09.09.2021 depositing the cheque of Rs.5 lacs, the same got dishonoured with an endorsement of insufficient funds, therefore, the FIR in question came to be lodged.