GODAVARIBAI SAIGAL Vs. I D CHANDNANI

JUDGEMENT

(1.) THE applicants are the accused in criminal complaint filed by the 1st respondent being No. 592 of 1990 in the Court of Chief Judicial Magistrate, Thane for the offences under sections 415, 420 read with section 34 of I. P. C. who has, in this application claimed relief to the effect that the proceedings in the said Criminal Case including process issued by the learned Magistrate be quashed. Applicant No. 1 is the wife of applicant No. 2 and applicant No. 3 is the son of the applicants No. 1 and 2.

(2.) APPRAISAL to the relevant facts will be necessary in the background of the filing of the complaint in question.

(3.) THE petitioner No. 1 owned a property being land comprising of Gat No. 118 Hissa No. 18. 3 situated in the limit of Gram Panchayat Waksai, in Pune District, by an agreement dated 6th August, 1989, executed between the 1st applicant and the 1st respondent, for a consideration mentioned therein, the 1st applicant agreed to sell the said plot of land to the 1st respondent. The initial payment as mentioned in the agreement was also made by the 1st respondent. Later on the 1st respondent also made further payments towards the consideration of the said plot of land to the 1st applicant. According to the 1st respondent the total amount paid by her to the 1st applicant was to the extent of Rs. 1,45,000/ -. The 1st applicant also executed a general power of attorney in favour of the 1st respondent and her husband for taking various steps with regard to the said plot of land, such as obtaining permission from the concerned authorities for putting up construction of a structure for the purpose of starting hotel business, for conversion of the user of the land from agricultural to the business purpose, etc.