ANIL SHRIPAD VAIDYA Vs. RAMCHANDRA HOTCHANDRA HARIYANI

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed by the Petitioner/original accused No. 2, being aggrieved by the order dated 28th September, 1992 passed by the Judicial magistrate, First Class, Pune, issuing process in Criminal Case No. 7 of 1992 for offences punishable under Sections 420 and 109 of the Indian Penal Code.

(2.) I have heard Ms. Aniketa Aher for Respondent No. I/original complainant, and Mrs. Jyoti S. Pawar, learned A. P. P. for Respondent No. 3- State. I have also perused the proceedings.

(3.) IT appears that complaint came to be filed by the complainant Ramchandra hotchandra Hariyani in Criminal Case No. 7 of 1992 against two accused, namely; pradeep Jiva Tandale and Anil Shripad Vaidya under Sections 420 and 109 of the indian Penal Code. The complainant has stated in his complainant that he was a business man carrying on business in electrical goods in the name and style of M/s. Anil Electric Corporation at Pune. He was in search of a suitable premises for himself at Deccan Gymkhana/ Shivaji Nagar area. He came across an advertisement in daily "sakal" dated 14th June, 1991, which was published by accused No. 2. In response to the said advertisement, the complainant Ramchandra Hotchandra hariyani contacted accused No. 2 Anil Shripad Vaidya, who took the complainant to accused No. 1 Pradeep Jiva Tandale. Pradeep Tandale represented to the complainant that he was the absolute owner of the immovable property which consisted of one garage with attached toilet, admeasuring about 200 sq. ft. along with common open space, which was in an ownership building, situated at Final Plot No. 575, Sub-Plot No. 12, at C. T. S. No. 1215/2 in Peth Shivaji nagar (Bhamburda) at pune. The accused No. 1 also represented to the complainant that he had marketable title to the said property, and had absolute power to sell the same to the complainant.