JUDGMENT :

B.N. KARIA, J.

Criminal Revision Application No. 536 of 2021

1. The present applicant-State of Gujarat, by preferring this Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.” for short), has challenged the order dated 16.04.2021 passed by the learned Principal District and Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 181 of 2017 below Exh.56 by discharging the respondent herein from the charges levelled against him.

2. The short facts of the present case may be referred as under:

2.1 The complaint was filed at DCB Police Station, Surat which was registered as FIR No. C.R. No. 16/2014 for the offence punishable under Sections 120-B, 420, 465, 497, 468, 471 and 477-A of the Indian Penal Code (hereinafter referred to as “the IPC” for short). As per the case of the prosecution, the respondent had committed the fraud by developing the bogus and fraudulent transactions worth of Rs. 104,60,99,082/-. The said forged bill was produced in the bank and the respondent has committed scam of huge amount as referred above to Dubai and Hongkong. As per the case of the prosecution, the respondent is a main conspirator who floated the bogus company by appointing the several persons as a Director and within short span of time, the huge financial fraud was committed. After detailed investigation, charge-sheet was filed against two persons viz. (i) Sunil Agrawal and (ii) Ratan Agrawal on 1808.2014. The names of Madanlal Jain and Afroz Fatta were shown as suspect. Thereafter, on 20.08.2014, the respondent was arrested in the said FIR being No. 16/2014 by the police officers of DCB Police Station, Surat. Thereafter, statement of Jatin Dilipkumar Shah, Manager of P. Umeshchandra and Company, statement of Ashwinbhai Haribhai Patel, Manager of P. Umeshchandra and Company, statement of Kalidas Natverlal Patel, Branch Manager in S. Babulal and Company, statement of Urvish Dililpbhi Shah, Partner of P. Umeshchandra and Company as well as statement of Harshad Maganlal Modi, cheque discounter, were recorded. On 30.09.2014, first supplementary chargeshet was filed against Madanlal Jain and the respondent and Bilal Galani were shown as suspect. The statements of other persons viz. Amrutbhai Navratanial Patel, Jafar Mohmad Hasanfatta, elder brother of the respondent, Samir Jiker Godil, were recorded by the Investigating Agencys and second supplementary charge-sheet was filed against the present respondent and Bilal Galani. Thereafter, on 15.11.2014, the learned Chief Judicial Magistrate, Surat took cognizance of charge-sheet filed against the respondent and criminal case was registered. On 24.12.2014, the bail application preferred by the respondent was rejected by the learned Sessions Court at Surat. The respondent herein approached this Court with a prayer to grant to release him on regular bail in connection with the FIR being I-C.R. No. 16 of 2014 in Criminal Misc. Application No. 2191 of 2015 and he was granted regular bail on 05.03.2015. The respondent herein also filed one Criminal Revision Application No. 264 of 2017 before this Court on 20.03.2017 against the order taking cognizance by the learned Chief Judicial Magistrate Court, Surat. The said Criminal Revision Application No. 264 of 2017 was allowed by this Court vide order dated 03.05.2017 and the respondent was discharged by quashing and setting aside the order of cognizance. Criminal Appeal No. 224 of 2019 was preferred by the State of Gujarat against the impugned judgment and order dated 03.05.2017 passed by this Court in Criminal Revision Application No. 264 of 2017 which was allowed by the Hon’ble Apex Court on 05.02.2019. It was observed by the Hon’ble Apex Court that the Trial Court should proceed further in accordance with law. Thereafter, on 18.02.2020, third supplementary charge-sheet was filed against Prafful Patel. The respondent herein filed an application below Exh.56 i