GIRISHBHAI JASHWANTLAL BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application under Sec.482 of the Code of Criminal Procedure has been filed for quashing of charge sheet numbered as Criminal Case No.263 of 2011 arising out of M.Case No.1 of 2008 at Maninagar Police Station(Inquiry Case No.8 of 2008) for the offences punishable under Sections 406, 420, 467, 468, 471 and 120-B of IPC.

(2.) FACTS in short are that a complaint was filed by the respondent No.2-complainant in the Court of Metropolitan Magistrate, Court No.15, Ahmedabad, numbered as Inquiry Case No.8 of 2008 against four accused for the offences punishable under Sections 406, 420, 467, 468, 471 and 120-B of IPC. The complaint states that the complainant is a builder, who purchased a bungalow named Meghdoot in the year 2000 situated in Khokhra Mehmedabad admeasuring 708 sq.mtr. As there were number of tenants on the ground floor, he struck a deal with them to construct a building and to allot them shops of the same size on the ground floor. Accordingly, an agreement was executed on 8-3-2000 between accused No.2-Chairman of Gokul Owners Association and complainant being the owner of Parth Construction. The building named 'Gokul Palace' was constructed and possession of the shops was handed over to the original tenants by issuing share certificates. It was alleged that the accused Nos.2 and 3 took loans from Bank of India, Lal Darwaja Branch, by mortgaging the shops and offices of other members of the Association and by obtaining false and fabricated documents from advocate and misusing the letter heads of Gokul Owners Association on which bogus and forged resolutions were typed. Accused No.2 stood as a guarantor on behalf of accused No.1. It was alleged that as the loan amounts were not paid by accused No.1 firm, mortgaged properties were sealed and it is at that time the members of the Association came to know for the first time of the fraud being played on them by accused Nos.2 and 3. It was alleged that as the accused Nos.1,2 and 3 committed fraud, a suit was filed in the Court of City Civil Court, Ahmedabad. The aforesaid complaint was sent for investigation under Sec.156(3) of Cr.P.C. by the learned Metropolitan Magistrate after hearing the learned advocate for the complainant. At the end of investigation, charge sheet was filed in the case. Hence, the present application is filed for quashing of the complaint.

(3.) LEARNED APP, on the other hand, has submitted that the applicant has issued the title clearance certificate based on which the bank has granted loan and hence, he is one of the conspirators in committing the alleged crime and since prima facie ingredients of offence allged against the applicant has been disclosed against the applicant, complaint may not be quashed.