AMBALAL ARJANBHAI SUKHADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed by original accused No.1 seeking quashing of complaint bearing Criminal Case No.1095/97, filed before the Metropolitan Magistrate, Court No.10, Ahmedabad by respondent No.2 herein.

(2.) I have heard learned advocate Shri Rakshit Dholakia for the petitioner and Shri Dipen Desai, learned APP for respondent No.1 State. Respondent No.2 though served long back is not represented by any advocate.

(3.) In the complaint, the complainant has stated, inter alia, that he is the owner of a property, namely, open piece of land in front of a residential premise constructed on Municipal Survey No.212/1/49 and 212/1/51. It is the case of the complainant that he had given the said premise on rent to the petitioner. It is the case of the complainant that thereafter, he was called by the petitioner at his residence on 10.3.97 where accused No.2 was also present and asked him to put his thumb impression on certain documents. Relying on the assurance of the accused that the documents pertain only to rent agreement, he put his thumb impression. Upon receiving the copies of the documents, however, he realized that the same were pertaining to sale agreement.