BHAGWANBHAI JAMABHAI RABARI 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 itself.

(2.) It is in connection with the First Information Report bearing Crime Register No. I-29 of 2017 registered with Kagdapith Police Station, Ahmedabad on 10.03.2017 against the present applicants-accused for the offence under Sections 406, 420, 506(2), 114 and 120B of the Indian Penal Code, 1860, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicants.

(3.) According to the first informant, he was a medical practitioner by profession. As he wanted to develop in agriculture and wanted to purchase old tenure lands, he entrusted work to their confidants-applicants Nos.1 and 2 herein-the accused. The applicants had stated that they were in land business since many years and on behalf of many renowned persons, they had acted as brokers to purchase the lands. Thereafter, the complainant mentioned the survey numbers in schedule-I and schedule-II which were the lands purchased by him from their owners in which the applicants-accused acted as brokers. The allegations travel to state that the amount of Rs. 3,37,54,550/- was paid by him and certain lands were purchased. They were the lands mentioned in schedule-I and it was stated that the total price of the said lands was Rs. 3,63,07,000/-, however towards them, amount of Rs. 4,69,58,500/- was paid. Therefore, it was alleged that excess amount of Rs. 1,06,51,550/- was paid which was not accounted for by the accused persons and for other survey numbers referred to in schedule-II, it was alleged that the accused persons were giving false promises and had kept money with them which was paid by the complainant.