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1984 Supreme(Bom) 370

S.N.KHATRI
Abdul Jabbar Ibrahim – Appellant
Versus
Serkop Builders & others – Respondent


JUDGMENT - S.N. KHATRI, J.:---The common question of law that arises in these two revision petitions is whether a promoter is not liable to be prosecuted for offences under sections 4, 5, 7, 10 and 11 r.w. section 13 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter for short 'the Act') for the reasons that the agreement of sale between him and the purchasers of the flat concerned is not reduced to writing and registered as required by section 4 of the Act. The learned Additional Chief Metropolitan Magistrate has dismissed the private complaints of the two petitioners for the aforesaid reason. They have now come up in revision to this Court. This order dispose of both petitions.

2. Abdul Jabbar (petitioner in Criminal Revision Application No. 234 of 1983) and Sheikh Ahmed Sange (Petitioner in Criminal Rev. Application No. 235 of 1983) filed two separate complaints before the learned Magistrate against M/s. Serkop Builders and their four partners for offences under the aforesaid sections and section 406 of Indian Penal Code on these allegations. The accused-respondents are promoters of the building c




























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