LAWS(GJH)-2022-8-84

MANSIBEN MAHENDRABHAI VYAS Vs. STATE OF GUJARAT

Decided On August 29, 2022
Mansiben Mahendrabhai Vyas Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Present criminal revision application is filed by the applicant with a prayer to quash and set aside the order dtd. 28/06/2021 passed below Exh.25 in Criminal Case no.1468 of 2018 by the learned Principal Senior Civil Judge Gondal and further be pleased to discharge the applicant from the offence punishable under Ss. 409, 464, 467, 468, 471 and 114 of the Indian Penal Code, 1860.

(2.) Brief facts of the case are stated as under:

(3.) Learned advocate for the applicant submitted that from bare reading of the FIR and the charge sheet as well as statements of the witnesses, none of the ingredients of alleged offences are made out against the applicant and the FIR is only afterthought and the same is filed after three months of alleged transaction without proper explanation of such delay of three months. For the same, decision of this Court in the case of Arbindbhai Maganbhai Master vs. State of Gujarat reported in 2015 (1) GLH 149 is also relied upon by the applicant. In fact much prior to the registration of the FIR in respect of alleged irregularities and misappropriation, a written complaint dtd. 23/12/2016 was made to the head office against her senior colleague i.e. accused no.1. In fact, accused no.1 accepted and confessed his guilt and executed notarized document dtd. 20/03/2017 and declared that he had done alleged act and the applicant is innocent.