BHAGVANTIBEN LACHHMANDAS NARANG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition under sec. 482 of the Code of Criminal Procedure has been preferred by th petitioner - original accused to quash and set aside the impugned complaint being Criminal Case No. 1516 of 2006 instituted in the court of leanred the learned Judicial Magistrate (First Class), Gandhidham, by the respondent No. 2 herein - original complainant and the proceedings arising out of the said complaint.

(2.) THE respondent No. 2 herein - original complainant has lodged the aforesaid complaint against the petitioner in the court of learned the learned Judicial Magistrate (First Class), Gandhidham for the offences punishable under secs. 405 and 420 of Indian Penal Code. The dispute is with respect to the land bearing Plot No. 332 of Ward No. 2/b and Plot No. 290, Ward 6/c, both of village Adipur, District Kutch, owned by the petitioner. It is alleged by the original complainant that an Agreement-to-Sale dtd. 12/5/2004 was entered into by the petitioner - original accused in favour of the respondent No. 2 - original complainant, by virtue of which the petitioner - accused agreed to sale the aforesaid parcels of land to the respondent No. 2 - original complainant for a consideration of Rs. 6,00,000. and based upon the said Agreement-to-sale, over a passage of time, the complainant made in all payment of Rs. 1,50,000. That even a power of attorney was also executed by the petitioner in favour of the respondent No. 2. It was further alleged that in view of the aforesaid Agreement-to-sale, it was incumbent upon the accused to sale the said parcels of land to the complainant and despite that, at a later stage with a view to fetch more price of the land, the petitioner accused cancelled the power of attorney and Agreement-to-sale executed in favour of the complainant and thereby declined to act as per the Agreement-to-sale and therefore, it is alleged that the petitioner has committed offence under secs. 405 and 420 of Indian Penal Code.

(3.) IN the said complaint the learned the learned Judicial Magistrate (First Class), Gandhidham ordered inquiry under sec. 202 of the Code of Criminal Procedure. That thereafter the learned Magistrate directed to issue summons to the petitioner and hence the petitioner has preferred present petitioner under sec. 482 of the Code of Criminal Procedure.