KAUSHAL BRIJMOHAN RATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Prem Dave, learned advocate for the applicant submits that the learned Sessions Judge had not laid down any condition against the respondent no.2 for deposing his passport and submits that the respondent no.2 is the one and only broker who has introduced Mr. Pankaj Sachdeva and assured about his credibility before many victims as modus operandi to dupe all of them with a criminal intent. Mr. Dave submits that the present respondent no.2 was working with Mr. Pankaj Sachdeva and both of them sat in the common office and under criminal conspiracy, had duped money. Mr. Dave submits that the present respondent no.2 and Mr. Pankaj Sachdeva had assured repayment of the money. Inspite of that, they failed to do so and the cheques were issued with the signature of the deceased mother of Mr. Pankaj Sachdeva and no complaint could be filed even under the N.I. Act and that act has been in furtherance of the criminal conspiracy to cheat and defraud the victims and therefore, both of them have duped money to the extent of Rs.3,92,78,571.00 and thus, submits that bail granted to the respondent no.2 is required to be canceled.

(2.) Countering the same, Mr. Arpit Kapadia, learned advocate for respondent no.2 submits that no condition was laid down by the learned Sessions Judge of depositing the passport. Further, in another case bearing FIR no.11214021220357/2022, one of the bail condition in Criminal Misc. Application no.2923 of 2022 by the learned Additional Sessions Judge was surrendering the passport before the learned Trial Court and therefore, in compliance of the condition, passport is deposited before the learned Trial Court concerned. Thus, Mr. Kapadia submits that there is no any breach of condition of the impugned bail order.

(3.) Further, Advocate Mr. Kapadia submits that respondent no.2 is himself an aggrieved victim and had also sold goods worth Rs.58,33,576.00 to Mr. Pankaj Sachdeva (Global Silk Mills) during the period between 26/6/2021 to 10/9/2021 and the goods were delivered by valid challan and since Mr. Pankaj Sachdeva had cheated respondent no.2, he filed a complaint before the Police Commissioner and concerned Police Station at GIDC Police Station, Sachin, Surat against Mr. Pankaj Rameshchandra Sachdeva. The police has not informed the respondent no.2 about the progress of the investigation, but Mr. Kapadia submits that in connection with the FIR of the impugned bail order, Mr. Pankaj Sachdeva is arrested. Advocate Mr. Kapadia further submits that the amounts which are required to be recovered by the victim is only from Mr. Pankaj Sachdeva and that the allegation against the present applicant is of a broker and hence, urged to reject the application.