JAYESH CHINUBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant prays to quash the FIR registered as C.R.No. I835 of 2011 at Naroda Police Station, Ahmedabad on 25.12.2011.

(2.) Rule. Learned APP Mr.K.P.Raval, waives service of notice of rule on behalf of State respondent No.1.

(3.) Facts are glaring and registering of complaint by the police is surprising. Respondent No.2 is complainant. He appears to own land i.e. Survey No.640 at Naroda, Ahmedabad. Present applicant had said to have purchased the said land by executing a registered sale deed dated 07.04.2010. The sale price fixed was Rs.57,72,000/. The applicant had said to have made payment by six different cheques. Details of which is given in the complaint. It appears that said cheques are bearer cheques. The say of the complainant is that he has presented these cheques to the respective banks, however, balance was insufficient. The complainant has drawn applicant's attention to this. The applicant had said to have stated to the complainant that complainant may sign on the reverse of the bearer cheques and applicant after encashing the cheque, he (the applicant) would make payment to the complainant. It is further say of the complainant that accordingly complainant has handed over cheque to the applicant and later on it came to notice of the complainant that applicant has withdrawn the amount from the bank and it is say of the complainant that applicant has not paid the amount to the complainant.