KHANDUBHAI POONABHAI TANDEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 is filed by the original accused No.1 of FIR bearing C.R.No.I41 of 2010 registered with Valsad City Police Station for quashing and setting aside the same qua him.

(2.) The brief facts of the present case are as under:

(3.) Learned advocate Mr. P. P. Majmudar appearing on behalf of the applicant mainly submitted that the impugned FIR is nothing but gross abuse of process of the Court and it is filed with a mala fide intention to pressurize the applicant. He has further submitted that certain admitted facts are on record and complainant himself has stated so in the FIR filed by him. He submitted that the Satakhat dated 28.12.1997 is not in dispute. It is further not in dispute that total amount of consideration for the land admeasuring 1936 sq. yards was Rs.7,50,000/. If the accused fails to pay the amount within a period of one year, the amount is to be paid with interest. It is further not in dispute that after receipt of the amount of consideration the Power of Attorney is to be executed by the complainant in favour of the applicant. It is further not in dispute that the complainant has initially received an amount of Rs.1 lakh at the time of execution of the Satakhat and thereafter during the period between 1999 to 2003, he has received a sum of Rs. 8,89,000/.