BARBEIL KHIMJI SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has invoked jurisdiction of this Court under section 482 of the Code of Criminal Procedure, 1973 ("cr. P. C. " for short) with a prayer to quash and set aside the complaint and proceedings initiated thereunder being Criminal Case No. 13/s/86 pending on the file of the learned additional Metropolitan Magistrate, 44th Court, Andheri. The Factual Matrix:

(2.) The factual matrix reveals that in or about 1980, the applicant Shri babulal Khimji Shah and respondent No. 2 entered into an agreement for sale of certain immovable properties situate in the locality known as Virar, district-Thane. It is the case of the complainant that he came in contact with the accused sometime in the month of August, 1980 and on representation made by him, complainant entered into an agreement with him to purchase the property admeasuring about 4 acres situate near Virar Railway Station, district-Thane. The applicant-accused thereafter, sold the very same property to one M/s Paranjape builders Pvt. Ltd. , since he got much higher consideration for the property in question. The details of transaction between complainant and the accused are given in the complaint which are not in dispute. The order issuing process is a subject matter of challenge in this revision. Submissions :

(3.) The learned counsel for the applicant submits that there was civil suit filed by the complainant against the present applicant for specific performance of the agreement in the Court of Civil Judge, Senior Division, Palghar and that the said suit came to be partly decreed in favour of the complainant. Thus, the dispute is of civil nature.