ORDER :

1. This application has been filed under section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in connection with the FIR No. 11202057200362/2020 registered with Sikka Police Station, Jamnagar for offences punishable under sections 120B, 406, 420, 465, 467, 468, 471 of IPC.

2. Ms. Shivangi Vyas, learned advocate for the applicant submits that by an order dated 5.11.2020, this Court had protected the applicant by directing the police not to take any coercive steps and the said interim relief continued till today. Ms. Vyas submits that reply filed in Regular Civil Suit no.1236 of 2019 and further, the reply which had been given to the legal notice clarifies that the complainant of the present FIR has never named the present applicant in the Suit while all the allegations were against Jitendra Ramshibhai Goriya.

3. Countering the arguments, learned advocate Mr. Daxay Patel for learned advocate Mr. B.T. Rao states that the present applicant had forged the signature on the payment receipt and entire money of the sale transaction has been usurped by him and both the present applicant and Jitendra Ramshibhai Goriya are distant cousins and there has been a conspiracy from their side.

4. Mr. Dhawan Jayswal, learned APP submits that the present applicant has not cooperated with the investigation and there is allegation of forgery and cheating of the large sum of money and thus, urged to reject the application.

5. The FIR which has been filed is with the allegation that the accused no.2 – Nehaben Chiragbhai Karia was interested in purchasing the agricultural land of Village Bed bearing revenue survey No.76, old survey No.181 paiki 4, admeasuring 0-93-28 Hector almost about 6 Vighas and the said land was purchased by way of sale deed in the year 2016 by sale deed no.338/2016 from Rasik Chhaganlal Patel and since then, the possession of the property was with the complainant. It has been alleged by him that the present applicant who is the brother-in-law of Jitendra Ramshibhai Goriya had informed the complainant that the person through whom he had made the understanding for the sale of land is not proposing to purchase it and converse with him to cancel the said agreement and it was informed that Hasmukh Khimbhai Gojiya was initiating the process for cancellation of the agreement but the same was not canceled and it is alleged that Hasmukh Khimbhai Gojiya, Nehaben Chiragbhai Karia and Anand Jasvantbhai Modi had given a public notice dated 19.7.2019 in the newspaper through an advocate and therefore, he had called Hasmukh Khimbhai Gojiya in connection with the notice and he had inquired from him about the possession receipt dated 30.9.2016 where he had raised the grievance that it was not by his signature and that the said signature is forged and thus, Hasmukh Khimbhai Gojiya who is the present petitioner informed him that the said signature was done by him and that he has to be rest assured that there would not be any further issues. It is alleged by the complainant that under such assurance, the applicant had committed breach of trust and had misused the said bogus possession receipt and on that basis, the applicant along with Nehaben Chiragbhai Karia and Anand Modi by power of attorney dated 8.8.2019 has conspired to usurp this property and therefore, filed Regular Civil Suit no.1236 of 2019 in the month of August, 2019.

6. The present applicant had not been made party to the Suit nor any allegation has been made of any forged receipts while complainant has denied any transaction with the plaintiff and has explicitly stated that his transaction was with Jitendra Ramshibhai Goriya and all the monetary transactions were with him. The learned advocate Ms. Shivangi for the applicant submits that the present applicant- Hasmukh Khimbhai Gojiya is not the party to the transaction nor any money is stated to have been received by him and the same fact gets clarified in the reply of the complainant to the legal notice which wa