SHAILESHBHAI JIVANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' hereinafter) challenging the judgment and order passed by the learned 17 th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.10830 of 2013 dtd. 5/9/2023.

(2.) The case of the complainant in the complaint is that the complainant had decided to sale the land bearing survey Nos.72 and 73 to the accused and the consideration of the aforesaid land per bigha was decided of Rs.16,00,000.00. As per the case of the complainant, Banakhat which was executed wherein the condition mentioned is that the sale deed is to be executed in the name of the person, whose name would be suggested by the respondentaccused. As per the suggestion of the respondentaccused, the sale deed was executed in favour of Kantilal Ranchorbhai Tada and the amount of sale consideration was paid as per the jantri value. With regard to the amount beyond the jantri value, the cheque was issued of the amount of Rs.20,00,000.00 by the respondentaccused dtd. 20/11/2012 bearing cheque No.013936 of Shri Savli Nagrik Cooperative Bank Limited. 2.1. It is further the case of the complainant that in addition to the aforesaid cheque, other cheques were also given with regard to the payment of the amount of sale consideration. The assurance was given at the time of issuance of cheque by the respondent accused that on depositing the cheque, the same would be honored and the amount would be credited in the account of the complainant.

(3.) Heard the learned advocate Mr.Darshit Thakkar for the appellant. As this Court has decided this appeal at admission stage after perusing the record and proceedings, no notice was issued to the respondentaccused.