(1.) By this application under Article 227 of the Constitution of India, the applicant-original accused has prayed for the following reliefs;
(2.) The case of the prosecution may be summarized as under.
(3.) Mr. Pravin Gondaliya, the learned counsel appearing for the applicant \vehemently submitted that even if the entire case of the prosecution is believed or accepted to be true, the applicant herein cannot be prosecuted as an abettor with the aid of section 114 of the IPC. According to Mr. Gondaliya, by any stretch of imagination, it cannot be said that the applicant herein aided or abetted, in any manner, the commission of the main offence. According to Mr. Gondaliya, his client is a businessman. The learned counsel would submit that assuming for the moment that the principal accused and his wife tried to park some of the misappropriated amount in the business of the applicant herein by itself would not amount to abetting the commission of the main offence. In such circumstances, Mr. Gondaliya prays that there being merit in this application, the same be allowed and the applicant be discharged from the offence.