9911796707
TMI Blog2023 (6) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... and hence, considering the fact that the amount involved is more than 1,84,00,000/-, this Court does not deem it appropriate to exercise the powers under section 438 of the Criminal Procedure Code and therefore, the present applications are required to be dismissed. Hence, the same is dismissed. - Honourable Mr. Justice Nirzar S. Desai For the Applicant(s) : Mr Mehul H Rathod For the Respondent(s) : Mr. Dhawan Jayswal, Addl.Public Prosecutor ORAL ORDER 1. Today, learned advocate Mr. Mehul H. Rathod for the applicants has filed leave note. Learned advocate Mr. Abhijt Rathod for learned advocate Mr. Mehul H. Rathod requests that the matter may be taken up and he may be permitted to appear and accordingly permission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have created bogus bills of Rs. 1,84,10,548/- with a view to deprive the complainant from their outstanding amount of Rs. 1,84,10,548/-. Pursuant to the aforesaid complaint, the present applicants have preferred this applications for anticipatory bail. 5. Both the applications were heard together and were argued together by learned advocate Mr. Abhijit Rathod. 6. Learned advocate Mr. Rathod by relying upon the Rules No. 9, 11 and 12 of the C.G.S.T. Rules submitted that as per the C.G.S.T. Rules, there is a specific system in place when the challans for e-way bills were uploaded in the portal, the recipient is required to accept or reject it within a period of 72 hours, which is not done in the present case which would indicate that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting out to the aforesaid report, learned APP submitted that though the number is mentioned in the e-way bills, actually, as per the statement of the vehicle owners, when the vehicle has never travelled from Gandhidham to Deesa or Patan and no goods were unloaded, it prima facie, indicates that the e-way bills were bogus and as such there was no transaction and yet the e-way bills were generated. 11. As far as the applicants of Criminal Misc. Application No. 13120 of 2022 is concerned, it was submitted by learned APP that those persons are closely associated with the business of N. P. Industries as they were administering the business as they were also acting on behalf of the N. P. Industries and therefore, they are also involved in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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