JUDGMENT :

NISHA M. THAKORE, J.

1. This application is filed by the applicant-original complainant under Section 439(2) of Code of Criminal Procedure, 1973, seeking cancellation of bail of respondent Nos.2 and 3, who came to be enlarged on bail vide order dated 06.08.2021 passed by this Court in Criminal Misc. Application No. 11190 of 2021.

2. The brief facts, narrated by the original complainant in the present application, are as under:

2.1. The applicant is the original complainant of FIR bearing registration No. I-C.R. No. 11210048210445 of 2021 registered with Umra Police Station, District-Surat for the offences punishable under Sections 406, 420 and 409 of the I.P.C. The present respondent Nos.2 and 3 are the original accused Nos.1 and 2.

2.2 The gist of the aforesaid complaint inter alia alleges that the accused herein are the respondent Nos.2 and 3, who are the partners of Gravity Associates. The said firm is engaged in construction of residential project, which includes construction of flats scheme situated in Olpad, Ward No. 13, Entry No. 2690 of old T.P. Scheme No. 5 (Athwa-Umra) final plot No. 206 admeasuring 191.68 sq. Mtrs. The said project was named as “Law Chamber-3.” The