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2021 Supreme(Guj) 769

B.N.KARIA
TEJAS S/O RAJENDRAPRASAD FUDNAWALA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR MUKESH KUMAR SUDARSHAN, MS HETU M SUDARSHAN, NARENDRA K AMIN
For The Respondent: MR DHRUV K DAVE, MR HK PATEL, APP.

JUDGMENT :

1. By preferring this petition under Article 226 of the Constitution of India and under Section 482 of Code of Criminal Procedure, 1973, the applicant has requested to quash and set aside the complaint being I-C.R.No.3 of 2012 registered with Ahmedabad City, DCB Police Station for the offence punishable under Sections 406, 420, 467, 468, 471 and 120(b) of the IPC and consequential proceedings thereof.

2. The brief facts leading to this petition are as under :-

    2.1 That, the accused persons gave false promise that if the complainant makes investment in the company, then they would get 11% to 17% interest every month and hence, relying on such talks, the complainant and his family members got induced and lured to open four accounts, wherein huge sums of money, as indicted in the complaint, were deposited. The complainant asked for the account statement and other details, which were not provided initially. Thereafter, three statements were received by post on 5.7.2011 which were having transactions which were not as per instructions of the complainant. Balance was not maintained, loss was shown and brokerage was debited. That, some amounts paid by Demand Drafts were deposited

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