KAMLAKAR RAMESHBHAI PARATE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Jirga Jhaveri, learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11191019220237 of 2022 with Vatva GIDC Police Station, Ahmedabad City for the offenses punishable under Ss. 406, 420 and 114 of the Indian Penal Code

(3.) Learned advocate for the applicant states that the complainant has decided to purchase the property of the applicants in Rs.70.00 lakhs and the applicants have told the complainant that loan of Rs.30.00 lakhs is due of this property and the applicants have taken Rs.25.00 lakhs from the complainant and executed registered agreement to sell on 21/10/2019 and thereafter, the applicants neither given possession of the said property nor they have executed sale-deed of the said property and nor returned Rs.25.00 lakhs to the complainant. Though, applicants have executed registered agreement to sell, in favour of the complainant, the complainant did not receive money from the applicants and thus, they have committed cheating and criminal breach of trust. He further states that though the registered agreement to sell executed, the complainant has never asked for payment of remaining amount of the said property. It is further stated that the said property is sold to some other persons and power of attorney was also executed on 2/7/2020. He further states that the complainant has filed civil suit against the present applicant and the present transaction is of year 2019 and FIR has been registered in the year 2022 without there being any mention about the civil dispute. He further states that the nature of allegations and the same arisen out of the transaction, which is purely a civil nature and the same was given criminal colour and present FIR is filed almost after a period of more than three years just to extort more money from the applicant. He further states that the present applicant has no criminal antecedents.