LAWS(GJH)-2023-4-384

ASHOKKUMAR RASIKLAL KANUDAWALA Vs. STATE OF GUJARAT

Decided On April 12, 2023
Ashokkumar Rasiklal Kanudawala Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Today, learned advocate Mr. Mehul H. Rathod for the applicants has filed leave note. Learned advocate Mr. Abhijt Rathod for learned advocate Mr. Mehul H. Rathod requests that the matter may be taken up and he may be permitted to appear and accordingly permission is granted and learned advocate Mr. Abhijit Rathod is permitted to appear on behalf of the learned advocate Mr. Mehul Rathod.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - accused have prayed for anticipatory bail in connection with the FIR being C. R. No. 11217020220335 of 2022 registered with Patan City B- Division Police Station, Dist. Patan for the offences punishable under Ss. 406 , 420 , 465 , 467 , 468 , 34 and 114 of the Indian Penal Code.

(3.) As per the FIR, one Jayesh Kirtilal Modi submitted that he is staying at Patan and carrying on his business of credible oil in the name of Suarashtra Industries. Since, 2017, he has business relation with N. P. Industries and the present applicants are the partners of the aforesaid N. P. Industries. In view of continuous business transactions, the complainant was to recover an outstanding amount of Rs.1,84,10,548.00 from the present applicants through N. P. Industries and as he started demanding for the aforesaid outstanding amount, he provided the details of outstanding amount as well. However, the present applicant refuced to pay anything and said that they are influential persons and they will not repay any of the amount.