MOHAMMED SAKIR YUNUSBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 438 of the Code of Criminal Procedure, 19733 (' Cr.P.C .', for short), the applicant has prayed for grant of anticipatory bail in connection with FIR No. 11191028220932 of 2022 registered with Vejalpur Police Station, Dist. Ahmedabad for offences punishable under Ss. 406 , 420 , 465 , 467 , 468 and 471 of Indian Penal Code.

(2.) As per the FIR registered by one Wajiha W/o. Mohmmadsabir Abdullatif Pirtiwala, the complainant is residing in rented premises with her husband who is retired and her two sons who are doing job in private company. In the year 2018, when they wanted to purchase the land, they cam to know that there is one scheme named R.S.Nagar near Fatewadi Metro Station and when they visited the said scheme the developer of the said scheme viz. Mohmmadsakir Mohmmadyunus Chauhan i.e. the present applicant informed them that he has purchased 2800 sq yd of land from one Rameshbhai Bharwad and thereafter the present applicant has plotted the said land. He also informed that some of the flats are sold and some remained and on the plots which are sold construction is going on. The applicant also informed that they are also in business of selling plots with construction and they accept the amount in installments also. Considering the fact that property in question was just near the Metro Station, in future, such property could fetch more market value, the complainant purchased two plots i.e. no.8 and 9 totalling of 159 sq yd for consideration of Rs.13,00,000.00. It was also decided that if the complainant wanted both the plots with construction, the amount of consideration would be Rs.16,00,000.00. Ultimately Rs.13,00,000.00 were paid in installments to the present applicant and two tenements were to be constructed for which a notorised sale-deed and General Power of Attorney was executed. As per the General Power of Attorney and Notorised sale-deed, value of the property was decided to be shown as Rs.8,00,000.00 only. As per the complainant, out of total consideration of Rs.16,00,000.00, Rs.10,00,000.00 were given cash in installments and Rs.3,00,000.00 were paid and Rs.3,00,000.00 was remained to be paid.

(3.) Learned advocate Mr.Nitin Goklani appearing for learned advocate Ms.Reshma Rauma for the applicant submitted that actually as compromise was arrived at between the parties in view of the fact that the applicant has already paid sum of Rs.4,00,000.00 to the complainant, now the dispute cannot be said to be of criminal in nature but it is purely a civil dispute as only the grievance of the complainant is about non- payment of remaining amount of Rs.9,00,000.00 as per compromise.