JUDGMENT - PARKAR S.S., J.: This petition arises out of the proceedings adopted under section 145 of Criminal Procedure Code by the respondent No. 1 before the Court of Additional Chief Metropolitan Magistrate, 11th Court, Kurla, Bombay under the circumstances which are narrated hereinafter.

2. The premises which were the subject-matter of the 145 proceedings are the shop premises being Shop No. 3, Shivnam, Mahataney Park, Aziz Baug, Chembur, Bombay. Originally the said shop premises belonged to respondent No. 1 who had sold and given possession of the said shop premises to the petitioner on 24-6-1991 for a consideration of Rs. 4,00,000/- which was paid to respondent No. 1 on the said date. A copy of the agreement of sale is annexed at Exhibit "A" and the copy of the receipt for payment of Rs. 4,00,000/- to respondent No. 1 is annexed at Exhibit "B" to the petition. The respondent No. 1 also executed an affidavit on the same date recording therein that he had no objection for the transfer of the said shop premises in the name of the petitioner. The said affidavit was obviously made for the purpose of transfer to be effected in the name of the petitioner. There is also an irrevocable

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