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2014 Supreme(Guj) 850

VIPUL M.PANCHOLI
KHANDUBHAI POONABHAI TANDEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR P P MAJMUDAR, ADVOCATE for the Applicants No. 1
PUBLIC PROSECUTOR for the Respondents No. 1
RULE SERVED BY DS for the Respondents No. 2

JUDGMENT :

VIPUL M. PANCHOLI, J.

1. This application under Section 482 of the Code of Criminal Procedure, 1973 is filed by the original accused No.1 of FIR bearing C.R.No.I41 of 2010 registered with Valsad City Police Station for quashing and setting aside the same qua him.

2. The brief facts of the present case are as under:

2.1. That the present respondent No.2 is the original First Informant, who has lodged the FIR before the Valsad City Police Station under Sections 465, 467, 468, 471 and 114 of the Indian Penal Code. It is the case of the complainant that a Satakhat (Agreement to Sell) was executed on 28.12.1997 in respect of the land bearing Survey No.484/1 of village Bagdawada, District: Valsad. It is the case of the complainant that at the time of execution of the Satakhat, an amount of Rs.1 lakh was paid and the remaining amount of Rs.6,50,000/ was required to be paid within a period of one year from the date of execution of the Satakhat i.e. up to 28.12.1998. It is further stated in the FIR that one of the conditions of the Satakhat was that if the applicant was not in a position to pay the remaining amount within a period of one year then the amount was required to be paid


























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