CHETANDAS NARSINHBHAI PATEL Vs. STATE OF GUJARAT
LAWS(GJH)-2021-6-275
HIGH COURT OF GUJARAT
Decided on June 25,2021

Chetandas Narsinhbhai Patel Appellant
VERSUS
STATE OF GUJARAT Respondents




JUDGEMENT

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.I 11206033201532 of 2020 registered with Unjha Police Station, District Mahesana for the offences under Sections 420, 423, 465, 467, 468, 471, 120 B of the Indian Penal Code, 1860.
(3.)The case of the prosecution in brief are that in the year 2018, the first informant joined Rasam Agro of co-accused Ketulbhai Bipinbhai Patel as an office boy, where he worked for a period of one month. It is further alleged that when he joined the services, co-accused Ketulbhai Bipinbhai Patel has asked for a copies of his Aadhar Card and Passport Size Photo and he left the service after one month. It is further alleged that another partner of Rasam Agro Rutvikbhai Sharadbhai Patel called the first informant and employed him in Rasam Agro; the co-accused gave him cheques, which the first informant presented to the bank, withdrew money and gave to the applicant - Chetandas Patel. It is further alleged that after a month, the first informant came to learn that in his name invoices in the firm of Baloj Agro were prepared carrying his printed signature; that a current account in his name was also opened in A. U. Small Finance Tharad by forging his signature. It is further alleged that the first informant asked Ketulbhal and others to stop issuing invoices in his name as well as to stop the bank account and at that point of time, he was threatened. It is further alleged that on 30.5.2020, one Vipulji Thakor called the first informant and told him that officials from the GST Department had come to his place. At that time, the GST Officials had also raided the premises of the co-accused at Jai Goga Traders and Shriram Agro and the statement of the first informant was taken by the GST Officials as regard Baloj Agro. It is further alleged that the accused had opened another firm Siddheshwar Agro and the bank accounts were opened at RBL Bank, Indus Bank Mehsana, A.U. Smail Bank, Patan where the documents of Bachujj Ishwarji Thakor were used, Thus, it is alleged that by employing the first informant and winning his trust, his Aadhar Card, Pan Card, photographs were misused for opening a firm and the bank account and by forging his signatures, transactions were carried out for evasion of tax.


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