JIGNESHBHAI JANAKBHAI PATEL 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. The application was taken up for final consideration today.

(2.) It is in connection with the First Information Report bearing Crime Register No.I-15 of 2017 registered with Sabalatpur Police Station, Surat on 05th January, 2017 against the present applicant-accused for the offences under Sections 406, 420, 120B and 114 of the Indian Penal Code, 1860, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicant.

(3.) In the First Information Report as many as 14 accused were arraigned. The present applicant was accused No.13. It was alleged that a loan was taken in the name of White House Developers which was in respect of the property-the residential units which were allotted to different purchasers-the accused. It is further alleged that in the re-payment of the said loan, default took place. It is further alleged that the allottee purchasers-the accused sold away the units. It was alleged that all colluding with accused No.13-the present applicant, committed offence under Sections 406adn 420, IPC, by taking loan against the property and thereafter not paying it in regular instalment and that the loan amount is due.