PATEL LAXMICHAND KASHIRAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner ? original complainant is before this Court being aggrieved by order dated 21.06.2003 passed in Criminal Inquiry Case No.5 of 2002 by the the learned Judicial Magistrate First Class, Mehsana, (?JMFC?, for short) whereby the learned JMFC was pleased to grant ?C? Summary in favour of accused No.4, who is respondent No.2 herein and was pleased to discharge accused No.4 for the alleged offence under Sections 465, 467, 468, 469, 471, 474 and 120(b) of the Indian Penal Code.

(2.) The facts of the case are that the present applicant ? original complainant filed a complaint on 25.01.2002 for the offence under Sections 465, 467, 468, 469, 471, 474 and 120(b) of the Indian Penal Code. The same was sent for investigation under Section 156(3) of the Criminal Procedure Code. The Investigating Officer after investigation filed a report seeking ?C? Summary. The complainant was heard on the said report.

(3.) It is the case of the complainant that accused taking advantage of a marriage occasion in his family, obtained his signature on a blank stamp paper, with a view to deprive him of the property. Accused No.3 though knew the complainant, issued a stamp paper in the name of the complainant to accused No.1 and accused No.4 registered the same illegally (accused No.4 is an advocate, who is also appointed as a Notary).