HARISHBHAI VAGHJIBHAI PATEL Vs. DILIPBHAI DHIRAJLAL GANDHI

JUDGEMENT

(1.) BY way of this application, the petitioner- original accused has prayed to quash and set aside the complaint filed by the respondent no. 1 being - C. R. I. No. 251 of 2004.

(2.) THE short facts leading to the filing of the petitioner as under: the present petitioner has entered into a banakhat with the respondent No. 1 in respect of the property in question. However there was no compliance of terms of agreement by respondent No. 1. In pursuance of the same they had issued a notice to respondent No. 1 dated 23rd October 2000 for executing the agreement. They had further informed the respondent No. 1 that in case of failure to execute the same the banakhat will stand cancelled. However without responding to the notice the original complainant-present respondent moved City Civil Court by way of Civil Suit bearing no. 2000/2004,2001/2004 and 2003/2004 and has also filed Criminal complainant on 27-12-2004, which was recorded as C. R. No. I-251/2004 before Kalupur Police Station, Ahmedabad. The petitioner has therefore challenged the aforesaid criminal complaint.

(3.) THE respondents though served , is not present.