PRAKASHBHAI HIRUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 24/02/2022 passed by the learned Additional Chief Judicial Magistrate, Chikhli in Criminal Case No.1986 of 2005 whereby the opponent No.2 herein -accused came to be acquitted for the offences under Sec. 420 and 467 of IPC, the applicant- original complainant has preferred this application to grant leave to appeal as provided under sec. 378(4) of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) It is the case of the org. complainant that complainant and original accused were known to each other and that the original accused had informed the complainant that the non-agricultural plots were to be given at very low price and that the complainant had purchased the plot no.9 situated in land bearing block no.2 at village Khund from the opponent No.2. The sale-deed was executed in favour of the present appellant-org. complainant by the opponent no.2 in the capacity as power of attorney of the original owners viz., Chetanbhai Dhirubhai Desai and Jyoti Chetanbhai Desai. It came to the knowledge of the applicant that the said plot in question i.e. plot no.9 was sold by opponent no.2 to one lady viz., Ramilaben Rameshbhai Lad by executing registered sale-deed in favour of said purchaser and the same was executed on 04/04/2005. The opponent No.2 herein therefore by suppressing the fact of the sale-deed executed prior to sell sold the land fraudulently to the present applicant and therefore, filed a complaint which came to be registered as Criminal Case No.1986 of 2005 before the Court of learned Additional Chief Judicial Magistrate, Chikhli.

(3.) Learned Advocate Mr.Mirza for the appellant vehemently argued that the original owners through opponent No.2 herein sold the plot No.9 on 31/08/2005. According to him, opponent No.2 as power of attorney of original owner sold the said plot to one Ms.Ramilaben Rameshbhai Lad on 04/04/2005 and thus opponent No.2 cheated him by creating fraudulent document. The said act of cheating and fraudulent act stands established when opponent No.2-accused cancelled the sale-deed dtd. 04/04/2005 vide cancellation deed registered on 25/11/2005 and therefore, the appellant on such factual allegations filed Criminal Case No.1986 of 2005 for the aforesaid offences.