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2016 Supreme(SC) 1157

N.V.RAMANA, A.M.KHANWILKAR
Vijay – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Gagan Sanghi, Mr. Rameshwar Prasad Goyal
For the Respondent: Ms. S. Chaturvedi, Mr. Nishant Ramakantrao Katneshwarkar, Mr. Venkita Subramoniam T.R.

ORDER :

1. Leave granted.

2. The appellants are before us by way of this Special Leave Petition aggrieved by the order passed by the High Court of Bombay at Nagpur Bench dated 27th February, 2015 in Criminal Application (APPP) No.173 of 2015 in Criminal Application (APL) No.591 of 2012, wherein the High Court has dismissed the application filed under Section 482 of the Criminal Procedure Code, 1973 (for short 'the Cr.P.C.') against the order of the trial court dated 16.08.2012.

3. The facts of the case in nutshell are : the husband of the respondent no.2 herein executed an agreement to sell a plot (farmland) in favour of the appellant no.1 and also handed over the vacant possession of the plot. When the husband of the respondent no.2 failed to perform his part of the contract, the appellant no.1 filed a Suit seeking specific performance of the agreement to sell. It appears, in the meantime, the H.D.F.C. Bank issued auction notification as the husband of the respondent no.2 failed to make the loan payment. Then the respondent no.2 and the H.D.F.C. Bank were also added as defendants to the Suit. After the death of the 2nd respondent’s husband, she filed a private complaint against the a









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