KISHORBHAI VALLABHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. Uday Bhatt learned APP waives service of rule on behalf of respondent -State.

(2.) THE petitioner accused no. 2 of M. Case No. 11/2006 registered with Dholaka Police Station for the offences punishable under section 420, 423, 465, 467, 468, 471, 114 read with sec. 120B and 193, 197, 198, 199 and 200 of IPC, has filed this application under sec. 439 of CrPC for releasing him on regular bail.

(3.) AS per the complaint, Original accused No. 1 Abbabhai Hatim Gurjar was serving in Bank in past, however, as he has committed irregularity and mismanagement and thereafter he has left the job and certain blank letter -head were also malicely taken away by him, he was arrested. The present petitioner accused no. 2 is the member of the society. As the petitioner accused no. 2 required finance, the finance was taken from the society. The petitioner accused no. 2 is partner of Valabhlaxmi Cotton Industries, Dholka, who is running the business in the name and style which is mortgaged. Civil Suit was also filed before the Board of Nominees being Lavad Suit No. 380 of 2004 for seeking recovery of the amount of the society. In the said suit proceedings, the zerox letter dated 13.4.1999 was submitted before the Court in a form of certificate which shows that no amount of loan is due towards Valabhlaxmi Cotton Industries and there is no mortgage of the society upon the property of Survey No. 292/1. The said complainant - society has not issued any such letter and, in fact, on 12.4.1999 the charge over the property was in existence and loan amount was also not paid and no such certificate was issued by the society. Therefore, the complainant has filed the complaint before the learned Judicial Magistrate First Class, Dholka, who has passed an order under sec. 156(3) of CrPC and ordered the police to investigate into the matter and submit report within 30 days. During investigation, which was carried out by the I.O., statements were recorded and during the course of investigation it surfaced on the record of the case that the amount of petitioner has been paid by cheque as well as cash to the society and the day on which the certificate was issued on 13.4.1999 there was no due amount of the society and said certificate dated 13.4.1999 was also submitted before the People's Cooperative Bank at Dholka by the present petitioner in pursuance to the loan transaction and after verification of the entries from the books of account, receipt, etc., the report was submitted that no offence was made out. Therefore, complainant being aggrieved by the said report, has filed an application seeking further investigation in the matter. Therefore, this Court has passed an order on 11.1.2007 and ultimately investigation was handed over to the Dy.S.P. who was ordered to make investigation in the matter. During the course of investigation, the accused no. 1 was arrested and thereafter, he was released on bail by this Court (Coram: A.H. Mehta, J.) in Criminal Misc. Application No. 4057 of 2006 vide order dated 19.6.2006.