LAWS(GJH)-2019-2-25

ANIL JAYANTILAL THAKKAR Vs. STATE OF GUJARAT

Decided On February 14, 2019
Anil Jayantilal Thakkar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-­accused has prayed for anticipatory bail in connection with the FIR being C.R. No. I- 81/2017 registered with Bhaktinagar Police Station, Rajkot for the offenses punishable under Sections 406 and 420 of the Indian Penal Code.

(2.) Learned advocate, Mr. Vishwas Shah for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.

(3.) Learned advocate for the applicant, under the instruction from the applicant, submitted that it is alleged that the complainant has sold the goods to the applicant, he has not received an amount of Rs.10,05,585­. It is submitted that it is a commercial transaction entered into between the parties and for the recovery of the said amount, the complainant has not filed any civil proceedings against the applicant. It is further submitted that the applicant is ready and willing to deposit an amount of Rs.3,00,000/-­ before the trial court within a period of ten days from today without prejudice with the rights and contentions of the applicant.