MAHIYUDDINBHAI YUSUFBHAI SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, learned advocate Shri Brahmbhatt for the applicants does not press this application qua applicant no.1. He however, advances his arguments insofar as other two applicants are concerned.

(2.) In the present application, the applicants have prayed for quashing of complaint bearing Criminal Case No.1165/1999 dated 18.11.1999 filed before Judicial Magistrate First Class, Radhanpur and the process issued thereon by the learned Judge. In the complaint, respondent no.2-complainant stated inter-alia that he had purchased a truck from applicant no.1 (original accused no.1) on 17.10.1998 for a sum of Rs.5,61,786/-. The said accused had also handed over the original R.C. Book and delivered the possession of the truck upon payment of full sale price on different dates. Subsequently, however, on 3.12.1998 one person from Mumbai accompanied by two other persons approached the complainant and snatched away the truck from him forcibly for which he also filed complaint on 8.2.1999. Upon being approached, the complainant was told that accused persons will somehow retrieve the truck from Mumbai. However, on 29.10.1999, the accused did not give satisfactory reply and, thereafter, also failed to handover the truck back to the complainant.

(3.) Learned advocate Shri Brahmbhatt for the applicants submitted that the complaint was filed nearly one year after the alleged incident. The complaint on face of it would reveal that there was no dishonest intention on part of the applicants nos. 2 and 3 and they had no role to play in selling the truck to the complainant. Learned APP Shri Dipen Desai for the State and learned advocate Shri R.J. Dholakia for Shri Yogesh Lakhani for respondent no.2-complainant opposed the application.