MAYANK HASMUKHBHAI SAVALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is in connection with the First Information Report bearing Crime Register No. I-39 of 2017 registered with Salabatpura Police Station, Surat on 20.01.2017 against the present applicant-accused for the offences under Sections 406, 420, 409, 120(B) 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.

(2.) As per the case of the first informant in the First Information Report, he was running Rutva Textile and Shyam Textile and was engaged in the manufacturing of grey cloths, which he used to sell in wholesale. Before a period of seven months and about, one broker named Dashrathbhai introduced the complainant to one Prakashbhai Podar and the applicant herein stating that the applicant has a large business and if the complainant was to trade with him, he would regularly had payment.

(3.) Banking upon the promise and the say as above, the complainant started dealing with the applicant and initially sold material worth of Rs. 7,00,000/-. The payment thereof was paid by the applicant in time. Therefore, the complainant continued business relationship with him and sold further material under different bills and challans. The payment thereof was to be paid within thirty days, but the same was not received. When the complainant went to the shop concerned to ask for the payment from the applicant, the applicant was not found and when he tried to contact him on telephone, he was not receiving the telephone. It is alleged that the offences of criminal breach of trust and that of cheating was committed by the applicant accused by not paying the amount of one crore towards the price of the goods supplied.