SAVJIBHAI POPATBHAI SAKARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 (' Cr.P.C .', for short), the applicant has prayed for Records and Proceedings of Criminal Case No.16253 of 2019 filed by Respondent No.2 - original complainant before the learned Additional Chief Judicial Magistrate, Rajkot and to quash and set aside the proceedings arising therefrom.

(2.) Heard learned advocate Mr.Pratik Jasani for the applicant and learned Additional Public Prosecutor Ms.Maithili Mehta for Respondent No.1 - State Authority.

(3.) It is the case of the petitioner that the petitioner is aged about 80 years and Respondent No.2 - original complainant, who happens to be his nephew. Because of some cordial relationship between the petitioner and Respondent No.2 earlier, as alleged, some financial transaction took place between the petitioner and Respondent No.2 and ultimately a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (' NI Act ', for short) was filed by Respondent No.2 against the present petitioner. As per the complaint under Sec. 138 of the NI Act being Criminal Case No.16235 of 2019 filed by Respondent No.2 herein, he has alleged that because of the relation of uncle and nephew, the complainant used to help the financially to the present petitioner as and when required in the beginning of April, 2019 present petitioner came to the Respondent No.2 and demanded sum of Rupees One Crore by stating that he want to sell an agricultural land admeasuring 0 - 90 - 43 Hec.- Are - Sq Mtr bearing Revenue Survey No.486/1 Paiki 1 bearing Old Block / Survey No.161 Paiki 1/ Paiki 2 at Village: Thordi, Taluka Kotdasaangani, District :Rajkot, known as 'Sardhaarivalu Khetar' and requested that the amount of Rupees One Crore only is required in cash and hence ultimately the petitioner was landed sum of Rs.95.00 lakhs by Respondent No.2 - original complainant.