SUMEET MONGIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - accused has prayed for anticipatory bail in connection with the FIR being I. C.R. No.64 of 2019 registered with "B" Division Patan City Police Station, Dist.: Patan, for the offences punishable under Ss. 420 and 114 of IPC and under Sec. 66(D) of Information Technology Act.

(2.) Brief facts giving rise to present application are that the complainant Dipak Shankarlal Thakkar is investor, mainly in the stock market. In the year 2015, the accused no. 5 Aditi Sharma being an employee of High Brow Market Research Investment Adviser Pvt. Ltd., called on mobile phone to the complainant and appraised him about background of the company, inter-alia stating that based on profile, the company will promise assured profits to its investors. The complainant became a member by paying Rs.5000.00. It is alleged in the complaint that on investment of Rs.24.00 lakhs, the company will be able to assured Rs.2.00the investment. Based on the promise, the complainant invested Rs.73.00 lakhs during 22/12/2015 to 12/6/2017. Thereafter, there was no response from the company and its Directors and they failed to extend good returns as promised earlier. The complainant went to Indore, Madhyapradesh at the office of the Company, where, he met Hemant Agrawal, Swapneel Prajapati, and Sumant Singh (present applicant), who was present as an Advocate of the Company. It is alleged in the FIR that at relevant point of time, they had assured about return of invested money, however, neither they return back the profit nor invested money to the complainant, as a result of which, the present FIR for the offences for criminal breach of trust and forgery being lodged.

(3.) This Court has heard learned counsel Kshitij Amit for the applicant, Ms. Hetvi Sancheti, learned advocate for the original informant and Mrs. Krina Calla, learned APP for the respondent State.