RAVAL JIGNESH JASVANTKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Hardik Soni, 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 have prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11217006220246 of 2022 with Chansma Police Station, Patan for the offenses punishable under Ss. 406 and 420 of the Indian Penal Code

(3.) Learned advocate for the applicant states that complainant is doing transport activity and he was transporting sulfur from Hajira port to the applicant's industry and it was supposed to be loaded from Adani port and to deliver to the applicant's industry and for that transport the applicant has to make advance payment and as and when the said article was loaded by the complainant the amount was deducted by the Adani port. He further states that the complainant has loaded the sulfur from the Adani port in the name of applicant's industry and it was delivered to different industry and therefore, Adani port has deducted the said amount from the applicant's account and hence, actually the applicant herein is sufferer. He further states that the nature of allegations and the same arisen out of the business transaction, which is purely a civil nature and the same was given criminal colour and present FIR is filed almost after a period of two years just to secure his business goal. He further states that the present applicant has no criminal antecedents.