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2013 Supreme(Guj) 171

R.D.KOTHARI
APURVA NAVNITLAL THAKERSY – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR SUDHIR NANAVATI, SENIOR ADVOCATE for the Applicant(s) No. 1 -3 MS AMEE YAJNIK, ADVOCATE for the Respondent(s) No. 2 MR N.J. SHAH, APP for the Respondent(s) No. 1

JUDGMENT :

1. Heard Mr. Sudhir Nanavati, learned Senior Advocate for the applicants and Mr. N.J. Shah, learned A.P.P. for the State.

2. The applicants seek for quashing and setting aside the Criminal Complaint (Inquiry Case) No. 47 of 2008 pending before the learned Judicial Magistrate, First Class, Ahmedabad (Rural).

3. Short facts are that the complainant had purchased flats bearing Unit Nos. 308, 309, 408 and 409 of the building known as AKSHAT Complex in the year 2000. In complaint filed for criminal breach of trust, the principal grievance of the complainant is of some incomplete work in the flats. On presentation of the complaint before the learned Magistrate, the learned Magistrate has passed order to register the complaint and forward the same for inquiry under Section 156(3) Cr.P.C. to the concerned police station.

4. The applicants are developers of the property in question. It is the say of the complainant that he had paid Rs. 3,32,650/-and Rs.9,00,000/- in respect of Flat Nos. 308 and 309 and he had paid Rs.3,32,650/-and Rs.9,00,000/-in respect of Flat Nos. 408 and 409 towards consideration of flats. The main grievance of the complainant is that the lift of the building i













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