POPATJI GELAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PREFERRING this application under Section 482 of the Criminal Procedure Code, 1973, the applicants ­ original accused have inter alia prayed as under:

(2.) FACTS in nutshell of the prosecution case is that the respondent No. 2 ­ original complainant was having ancestral land bearing survey Nos. 368 and 424 paiki, situated in the sim of village Sargasan, Taluka and District Gandhinagar. Out of the said land, as the complainant ­ respondent No. 2 herein wanted to sell the land bearing survey No. 368, he approached applicant No. 1 herein and eventually, entered into the Agreement to Sell with the applicant No. 1 herein for sale for the consideration as decided, with advance payment of Rs.2 lakh. The rest of the payment was to be made within 10 days. However, as the applicant No. 1 herein did not make the payment, at last, the said agreement was decided to be cancelled amongst the parties. It was informed to the complainant ­ respondent No. 2 herein by one Manubhai L. Thakor, learned advocate of the applicant No. 1, that no document, except a Power of Attorney, has been issued by him and the same was required to be cancelled and for that, necessary formalities were done. The respondent No. 2 ­ complainant returned the amount of Rs.2 lakh, which was received from the applicant No. 1 herein as advance. When the complainant ­ respondent No. 2 again tried to sell his land, aforesaid, he came to know that, by committing fraud and forgery, on the basis of bogus Power of Attorney, his land was already sold by the applicants herein. Hence, the respondent No. 2 ­ original complainant has filed the criminal complaint being C.R. No. I201 of 2011 before the Sector ­ 7 Police Station, Gandhinagar for the offences punishable under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code ('IPC' for short) on 13/06/2011 against the applicants herein, which is registered as Criminal Case No. 2825 of 2012.

(3.) HEARD , learned advocate Mr. Rutvij S. Oza for the applicants, Mr. Mayank Vora, learned advocate appearing on behalf of respondent No. 2 ­ original complainant and Mr. N. J. Shah, learned Additional Public Prosecutor, appearing on behalf of respondent No. 1 ­ State of Gujarat.