JAYENDRA SURESH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard both sides finally.

(2.) Petitioner who is original accused no.3 is assailing judgment and order dtd. 18/9/2023 passed by the Additional Sessions Judge, Shahada in Criminal Revision No.10/2023 and order dtd. 27/10/2022 below Exhibit-15 passed by the Judicial Magistrate First Class, Shahada, declining prayer of discharge from offence under Sec. 420 read with 34 of the Indian Penal Code.

(3.) Petitioner alongwith Digambar Chindha Marathe (Accused No.1) and Mohan Magan Patil (Accused No.2) are facing prosecution in R.C.C. No.158/2018 emanating from offence bearing C.R. No.250/2016 lodged by Magan Narsai Patil. It is contended in the First Information Report that Accused No.1 - Digambar represented Informant that he is owner of Gut No.141/2/2-B measuring 0.73 H situated at Bhade, Taluka Shahada and wanted to sell the land. Informant purchased it for Rs.1,65,000.00. The Petitioner and co-accused - Mohan assured Informant regarding title of Accused No.1 - Digambar and there was no encumbrance on the land. Later on it revealed that Accused No.1 - Digambar was not the owner and bogus revenue record was shown to the Informant. In fact land no.141/2/2 measuring 1.45 H was of joint ownership of Madhav Chindha Marathe and Accused No.1 - Digambar. The land was having charge of cooperative society. Hence offence was registered under Ss. 420, 465, 468, 471 read with 34 of IPC.