A.S. Supehia,J. - (1.)Heard the learned advocates for the respective parties through video conferencing.
(2.)By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No. 11199028210426 of 2021 with Jhaghadiya Police Station, District Bharuch for the offences under Sections 420 and 120(b) of Indian Penal Code, 1860.
(3.)Brief facts of the case are as under:-
[3.1] The aforesaid FIR came to be lodged by one Sandipbhai Mahendrasinh Chauhan, inter alia, alleging that he is residing at the address as stated in the complaint and doing business in the name and style of Shiv Animal Food. It is further alleged that on 03.04.2021 at about 5:30 hours of evening, three unknown persons came in a WagonR car, having registration No. MH-04- GZ-3890 with one 407 Tempo and inquired about rate of Animal food items and, therefore, the complainant has informed them rate as stated in the FIR. Thereafter, they have demanded account number of the complainant and by showing faith they had purchased the animal food worth Rs.1,05,750/- and took it in the Tempo and the complainant has paid the labour charges of Rs. 375/- and thereafter they did not deposit the payment in bank account and thereby, the accused has committed cheating and accordingly FIR came to be lodged.