PATEL PRAGNESH @ BAGI KANUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Reeta Chandarana, learned Additional Public Prosecutor, waives service of process of Rule on behalf of the respondent - State.

(2.) Present application, under Section 397 r/w. 401 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code'), has been filed against the common order dated 26/05/2015, passed below exhs. 127 and 131 by the learned Additional Chief Judicial Magistrate, Visnagar in Criminal Case No. 1848 of 2015 by which, the application, exh. 131, filed under Section 239 of the Code by the present applicant for discharge, came to be rejected.

(3.) Brief facts of the case on hand are that an FIR being IC.R. No. 272 of 2006 came to be filed, along with others, against the present applicant for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 120B and 114 of the Indian Penal Code, 1860 (for brevity, 'the IPC'), consequent to which, they came to be chargesheeted, which came to be registered as Criminal Case No. 1848 of 2007 (Old No. 5746 of 2007). Meanwhile, the applicant had preferred the application exh. 131 for discharge on several grounds, more particularly, he being an employee of the firm of the proprietorship of the original accused No. 1 and he had given reference in the bank while opening account, of which, the cheque in question had returned, no role can be attributed to him. The said application came to be rejected by the order impugned herein, being aggrieved of which, present application has been filed.