JIGNESH RAMANLAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the facts and circumstances of the case, Rule returnable forthwith. Learned Additional Public Prosecutor Mr. Rutvij Oza waives service of notice of Rule on behalf of the respondent state. 1. 1 With the consent of learned advocates for the parties, the application is taken up for final consideration.

(2.) It is in connection with the First Information Report dated 19.12.2016 bearing Crime Register No. I-120 of 2016 registered with Nawapura police station, Vadodara, for the alleged offences under sections 406, 420, and 120(B) 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.

(3.) As per the contents of the FIR, the complainant who was a dealer in scrape, travelled for business purpose from Delhi to Vadodara, where he had negotiated a contract for supply of scrape. The persons involved in the said negotiation and the deal were one Shaileshbhai, in whose office talks appears to have been held and one Mr. Rakesh Sharma. The present applicant was shown to be present at that time. After initial negotiation, the rate was fixed at Rs. 242. Later the complainant as the allegations go, was told that he would have to deposit the amount whereafter only the material scrape would be supplied. The complainant stated that he deposited an amount of Rs. 32,00,000/-. As per the allegations, out of the said amount, Rs. 19,00,000/- was withdrawn and Rs. 12,00,000/- was transferred in the account of one Aman Textile.