MAHESHBHAI VISHANDAS CHANGRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under the provisions of Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) for the following prayers:

(2.) The brief facts leading to filing of this application, as stated in the application, are such that one private complaint came to be filed as Enquiry Report as Criminal Enquiry Case No.6 of 2012 and thereafter registered as Criminal Case No.98 of 2013 before learned JMFC, Kheda where it is alleged by respondent no.2 that the respondent is a society registered under the Registrar of Co.op. Housing Society and the complainant is a Secretary and the registered office of the society is at Mahij, Taluka Kheda; that the land is situated at village Mahij survey nos.534, 535, 536 and 538 (converted as block no.395) purchased by society in the year 1979 which was purchased by society from Barejadi Farming and Industrial Company in which confirming party is Shree Ram Corporation, Ship Associates; that the company who sold the lands made plotting plot nos.1 to 274 and for the purpose of way to the plot numbered as plot no.275; that out of the above plots about 117 plots were purchased by complainant and about 122 sale deed were executed; that the complainant accordingly became the owner and after the land is purchased for the purpose of making construction of the residential houses about 54 plinth level construction was made and society has also made members of certain persons of mill; that the mill was closed and the members have not deposited the amount and construction could not be made, however, the owners have remained in the society and the name of society is reflected in the revenue record also; that the respondent-accused made an attempt to grab the land and they have registered one Sahyog Corporation Pvt.Ltd. On 13/4/2007 under the Registrar of Companies Act and the original accused nos.3 and 4 who became director of Sahyog Corporation made an application to convert the land in the name of Sahyog Corporation from Barejadi Farming and Industries; that the name was transferred in the revenue record and thereafter original accused no.1 has given power of attorney for the purpose of selling of the plot and with the help of power of attorney on 7/3/2008 a sale deed was executed in favour of the present petitioners for plot no.395/275 area of the same is 31925 sq.mtrs.; that the sale deed was executed and registered in the Registrar of Companies and thereafter necessary entries are also made in the government record; that though the accused is not allowed to sell the, the sale deed was executed and committed offence of fraud. It is stated that civil suit is also filed before learned Civil Judge, Kheda as Regular Civil suit No.17 of 2011 by original accused nos.1 and 2 and accordingly the complaint is filed; in which, the verification was recorded, the police report was called for and thereafter cognizance was taken and on 14/2/2013, the summons came to be issued.

(3.) Heard learned advocates for the parties.