JATINBHAI LALITBHAI PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is in connection with the First Information Report dated 06.05.2016 bearing Crime Register No. I-144 of 2016 registered with Pradyumnagar police station, Rajkot, for the alleged offences under sections 465, 467, 408, and 420 of Indian Penal Code, 1860, that the present application under section 438 of Code of Criminal Procedure, 1973, presented before this court by the applicant accused.

(2.) As per the allegations in the FIR, the complainant stated that he was running an agency in the name and style of Aakash Travels Service Agency. The applicant was serving in his agency, who was alleged to have withdrawn the total amount of Rs. 14,02,000/- by forged signatures in different cheques, the details of which were mentioned.

(3.) It was next submitted that in respect of the defalcation of the money as above, complainant dated 08.12.2014 was filed against the present applicant, pursuant to which settlement was reached and the applicant paid Rs. 9,50,000/-. It appears that the applicant herein also had an occasion to file complaint No. 89/2016 against the complainant under section 387, 114, IPC in respect of forced transaction about sale of two flats. The complainant stated that since the applicant accused did not pay Rs. 32,02,000/- the complaint was required to be filed.