ASHOKBHAI DEVABHAI MOLIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 10/5/2021 passed by the learned 14th Addl. Chief Judicial Magistrate, Rajkot in Criminal Case No. 7605/2008 of 2019, whereby the opponent accused Mr. Maheshbhai Hapaliya came to be acquitted for the offences under Sec. 406, 465, 467, 468, 471 of IPC, the applicant complainant has preferred this application to grant leave to appeal as provided under sec. 378(4)) of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) The applicant herein is a legal heir of Mr. Devabhai Moliya, who was the original complainant in connection with the FIR registered as I-C.R. No. 506 of 2007 before the Rajkot Taluka Police Station on 15/11/2007 filed against the private opponent herein for the aforesaid offences.

(3.) In pursuance of the complaint lodged by the complainant, the said case was investigated by the investigating agency, who filed charge-sheet before the competent Court on 17/1/2008, which resulted into registration of Criminal Case No. 7605 of 2008. According to the original complainant, it is his case that the private opponent had fraudulently obtained signature of his father i.e. the original complainant on blank papers under the pretext of obtaining loan for carrying out business of animal husbandry on the land bearing revenue survey Nos. 90, 93, 108 and 207 paiki admeasuring 17 acre and 19 guntha situated in village Mahida. It is the case of the original complainant that the opponent accused fraudulently obtained signature of the original complainant in various blank papers for the purpose of procuring loan. However, the said papers were misused by the opponent accused and on the said papers, he wrote Promissory Note as well as agreement to sell and on the strength of the same, the opponent accused filed frivolous suit against the original complainant.