BALUBHAI BHAGVANBHAI DHAMELIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present application under Section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short), the applicant has prayed for the following relief(s):

(2.) THE brief facts that emerge from the record of the application are as under:

(3.) THE complaint filed before JMFC, Surat, (at Annexure-B to the application) indicates that respondent No.2-original complainant is dealing in the business of diamonds and the applicant- original accused used to deal with respondent No.2 since last one and half years and from 28.10.2005 to 17.04.2006, the applicant took 150 Carat diamonds amounting to Rs.20,00,000/-(Rupees Twenty Lacs) from respondent No.2 by giving assurance that he will be paid money as soon as the diamonds are sold. It is further alleged in the complaint that time and again, the applicant used to inform the respondent No.2 that the diamonds were not sold, but upon inquiry it was found that the applicant had already disposed the said diamonds, which were given "on account" for sale.