VIPANKUMAR HANSRAJ JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, it may be noted that learned APP has invited the attention of this Court to the difference in the name of petitioner No.1 which is mentioned as "Shri Vipankumar Hansraj Jain" in the petition; whereas in the FIR it is mentioned as "Bipin Jain". To which learned Advocate for the petitioner submits that during the course of day he would tender the draft amendment and will amend the cause-title of the petition. Such draft amendment is allowed and necessary amendment in the cause-title be carried out.

(2.) By way of this petition, the petitioner seeks to quash the complaint being II-62 OF 2015 registered with Vartej Police Station for the offence punishable under Ss. 506(2) and 114 of the Indian Penal Code at the instance of the respondent No.3.

(3.) The short facts of the case as is revealled from the complaint filed by respondent No.3 on 17/03/2015 are that he has purchased agricultural land bearing survey no.105 of Moje Vartej from accused on total sale consideration of Rs.18.00 Lakh and has paid Rs.2.00 Lakh towards the part of sale consideration in presence of late Mr.J T Dave. The agreement was within the knowledge of one Ramdevsinh, Padubha Khokhra Vala and Kulinbhai and Ashokbhai Haribhai Dodiya. It is further stated in the FIR that 15 to 20 days back at around 2:00 O'clock in the afternoon when the complainant alongwith Ramdevsinh Chandrasinh and Padubha Kokhravala were standing near the godown on the road side, the accused came there and passed threat to the life saying that "leave the land otherwise we will kill you."