PANCHAL MAHESHBHAI SHANTILAL 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 of acquittal passed by the Special Court (Negotiable Instruments Act) Vadodara in Criminal Case No.379 of 2015 (Old Criminal Case No.2512 of 2012) dtd. 3/6/2023, whereby the respondentaccused was acquitted from the charge under Sec. 138 of the Negotiable Instruments Act, 1886.

(2.) The case of the complainant is that the respondentaccused is doing the business as a land broker. The land which is situated at survey No.50/2 having area 01 Hector 66 Are and 93 Square meters was the ownership of the complainant. As the complainant intended to sale the land, the complainant contacted the respondentaccused. The respondentaccused had conveyed that if power of attorney would be executed in his favour then only he would help to the complainant for selling the land. Therefore, the power of attorney was executed on 3/8/2010 in favour of the respondentaccused. The respondentaccused had informed that as and when the buyer would be available he would call. Thereafter, the complainant was called by the respondentaccused at his office and informed that the buyer is available, on which rate he intended to sale the land. The rate was fixed per square feet of Rs.61..00 The Banakhat was executed on 27/7/2011 with the purchaser wherein the condition was imposed that the sale deed is to be executed at the rate of Rs.61.00 per square feet within a period of six months from the date of execution of Banakhat. On the same day, the possession receipt was also executed in the name of the purchaser, which was notarized before the advocate Mr.V.P.Shah. In the said Banakhat as well as in the possession receipt respondentaccused signed as a witness.

(3.) Heard the learned advocate Mr.Jay 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.