NAJBHAI RAMBHAI BASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Chintan Popat, the learned advocate appearing for the applicant and Ms. Vrunda Shah, the learned APP appearing for the respondent No.1 - State.

(2.) By way of present application the applicant has prayed for quashing of the complaint being Criminal Case No.292 of 2017 pending before the learned Judicial Magistrate First Class, Dhari.

(3.) Mr. Popat, the learned advocate appearing for the applicant submitted that the dispute in question can be said to be a civil dispute. It is further submitted that the transaction in question is also an oral transaction. Mr. Popat, the learned advocate submitted that on 31/10/2011 the respondent No.2 was interested in the said land and, therefore, entered into an oral agreement to purchase the land by paying earnest amount in cash amounting to Rs.3,51,000.00 and that there is no written agreement which was executed, as on that day there was a holiday. Mr. Popat, the learned advocate submitted that the Court below could not have issued process and no offence can be said to have been committed by the applicant herein under Sec. 406 and 420 of the Indian Penal Code.