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1994 Supreme(Bom) 461

M.S.RANE
Godavaribai Saigal and others – Appellant
Versus
I. D. Chandnani and another – Respondent


JUDGMENT - M.S. RANE, J. :---The applicants are the accused in criminal complaint filed by the 1st respondent being No. 592 of 1990 in the Court of Chief Judicial Magistrate, Thane for the offences under sections 415, 420 read with section 34 of I.P.C. who has, in this application claimed relief to the effect that the proceedings in the said Criminal Case including process issued by the learned Magistrate be quashed. Applicant No. 1 is the wife of applicant No. 2 and applicant No. 3 is the son of the applicants No. 1 and 2.

2. Appraisal to the relevant facts will be necessary in the background of the filing of the complaint in question.

3. The petitioner No. 1 owned a property being land comprising of Gat No. 118 Hissa No. 18.3 situated in the limit of Gram Panchayat Waksai, in Pune District, by an agreement dated 6th August, 1989, executed between the 1st applicant and the 1st respondent, for a consideration mentioned therein, the 1st applicant agreed to sell the said plot of land to the 1st respondent. The initial payment as mentioned in the agreement was also made by the 1st respondent. Later on the 1st respondent also made further payments towards the consideration of the said pl































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