NARPATSINH HARISINH RAJPUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Additional Public Prosecutor Mr. Ronak Raval waives service of rule on behalf of the respondent State. In the facts and circumstances of the case, the present application was taken up for final consideration today.

(2.) It is in connection with the First Information Report bearing Crime Register No. I-145 of 2016 registered with Amirgadh Police Station, Banaskantha, on 17.11.2016 against the present applicant-accused for the offences under Sections 406 and 420 of the Indian Penal Code, 1860, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicant-the accused No.2.

(3.) The allegations in the FIR were inter alia that the first informant was in the business of agriculture and further engaged in the sell and purchase of trucks. On 02.09.2015, the first informant sold a truck bearing registration No. GJ-8Y-3866, which was in the name of his wife. The said truck was sold to one Sikandarkhan Radhankhan Sipai, for which the first informant received Rs. 3,00,000/-. Since the truck was purchased by the complainant on loan earlier, it was agreed between them that the remaining loan would be paid by the applicant accused. Thereafter, when the loan was not paid, the bank official asked for repayment. The first informant stated that said Sikandarkhan was tried to be contacted, but his house was found to be closed. The present applicant was not mentioned in the FIR either by name or in respect of involvement.