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J.H.BHATIA
Ashish C. Shah – Appellant
Versus
Sheth Developers Pvt. Ltd. – Respondent


Counsel for the Parties:
For the Petitioner:Sanjay Jain i/b Ms. Priya V. Oswal, Advocates.
For the Respondent No. 1:Amit Desai, Sr. Counsel i/b Pravina Kamani and Vidya Dongre, Advocates.
For the Respondent No. 2-State: Smt. V.R. Bhosale, A.P.P.

JUDGMENT

Bhatia J.H., J.—Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties.

2. To state in brief, the respondent No.1 before this Court is the original complainant and the present petitioner is the original accused No.1 in Criminal Case No. 1171/SS/2009. Respondent No.3 is the original accused No.2 and wife of the present petitioner. According to the complainant, the accused persons had represented to the complainant that they would acquire land to the extent of 1000 acres at Village Nandgaon and it could be developed jointly by the complainant and accused persons. Accused persons agreed to give inspection of the title deeds on the lands acquired till then subject to advance payment of Rs. 25 crore by the complainant. Accordingly, the complainant issued a cheque of Rs. 25 crore in the name of the accused No.1 on 25.2.2008. That cheque was encashed and credited to the account of the accused persons. For certain reasons, the parties could not proceed ahead with the development and the accused persons assured to repay amount of Rs. 25 crore with interest thereon. Accordingly, a cheque dated 7.1.2009 for the amount of Rs.25 crore drawn on the joint account


























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