MANISHA BAJIRAO ANKUSHRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application filed under Sec. 438 of the Code of Criminal Procedure in connection with Cr. No.697 of 2022, dtd. 26/7/2022, registered with Hinjewadi Police Station Pune for the offenses punishable under Ss. 406 and 420 of Indian Penal Code.

(2.) The prosecution case in short is to the effect that the complainant executed registered sale deed of property bearing survey No. 30/3 admeasuring 1H, 40.5 R and Survey No.30/6 admeasuring 30.5 R for consideration of Rs.7,01,25,000.00. According to terms of sale deed, balance consideration was to be paid within one year and only thereafter names of owner would be entered in revenue extract. The purchaser firm paid part consideration of Rs.3,91,75,000.00 to the complainant. Because of objection raised by the complainant, consequential entry was not effected in revenue extract. However, the firm on 4/2/2016, executed registered deed in favour of the third party purchasers.

(3.) According to the complainant, the purchaser firm sold the property to third party purchasers at lesser price, with intention to cheat the complainant. According to the complainant, the sale of land in favour of third party purchasers without paying balance consideration, as agreed in the terms of registered sale deed dtd. 21/5/2015 constitutes dishonest intention as per Sec. 406 and 420 of Indian Penal Code.