JUDGMENT 1. - This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Mahesh Gupta, Advocate on behalf of the petitioner pertaining to F.I.R. No. 36/2009 of Police Station Nahargarh Road, f District Jaipur in the offences under Sections 420 and 409 iPC. 2. Heard the learned counsel for the petitioners and the learned I counsel for the complainant as also the learned Public Prosecutor appearing I for the State and perused the material on record. 3. Learned counsel for the petitioners has contended that there had been some business transaction between the complainant and the accused party. There was sale and purchase of the precious stones between them one sound faith and proper understanding. On account of some misunderstanding, a dispute arose between them and the complainant party, with a view to wreak vengeance, has lodged a forged report against them So far as the receipt of Rs. 35 lacs, is concerned, there is no evidence on record, which may evidence that this amount was paid by the complainant to them. The petitioners are innocent and they have not committed any offence of forgery or criminal breach of trust, and they deserve to be granted the indulgence of bail. 4. Learned counsel for the complainant as also the learned Public Prosecutor appearing for the State have vehemently opposed the bail petition on the ground that the complainant had been verbally purchasing raw material of precious stones from the petitioners in good faith as there was sound understanding between them. They always underwent small business transactions but this time, the petitioners persuaded the complainant to go for a bulk purchase (big deal) so that he and the petitioners both could earn a good profit. The petitioners' idea impressed him and pursuant a verbal deal, the complainant gave 35 lacs rupees to purchase raw material of precious stones but the petitioners did not supply the goods and thus cheated him. It is true that there is no documentary evidence with regard to handing over Rs. 35 lacs to the petitioners but the fact is that the money was given to them and they have committed criminal breach of trust and grabbed the entire amount. It is true that there is no documentary evidence with regard to handing over Rs. 35 lacs to the petitioners but the fact is that the money was given to them and they have committed criminal breach of trust and grabbed the entire amount. While submitting the photostat copies of some business transactions, learned counsel has endeavoured to evince that the petitioners had been sending raw material to them and there had been business transaction between them. 5. Without expressing any opinion on the merits of the case, I do not deem it just and proper to grant the indulgence of bail to the petitioners and their bail petition deserves to be dismissed. 6. In the result, the bail application filed under Section 439 Cr.RC. on I behalf of accused-petitioners Gayasuddin and Rijawanuddin is dismissed.Bail Application dismissed. *******