1. Rule. Learned Additional Public Prosecutor waives service of rule.

2. The order dated 28.09.2018 rejecting the petitioner’s application for discharge from the offences punishable under Sections 467, 468, 471 and 114 of Indian Penal Code (for short, “the IPC”) registered as IC. R. No.238 of 2013 with Kalol Taluka Police Station, which culminated into Criminal Case No.3291 of 2014, is sought to be assailed.

3. On consideration of the rival contentions, undisputedly, one Dhuliben Somaji Thakor had executed a Power of Attorney on 05.08.1994 for selling the land in question; in pursuance thereto, a sale deed dated 30.09.1996 came to be executed by the Power of Attorney favouring the petitioner, which fact is not under challenge in the criminal case.

4. Before the execution of the sale deed, the new tenure land was converted into old tenure land on 10.09.1996; a sum of Rs.3,66,000/- was deposited by the petitioner in the account of said Dhuliben, which fact again is not in dispute.

5. Pertinently, neither the Power of Attorney nor the signature or thumb impression therein or the sale deed are in dispute. The petitioner, therefore, on the basis of the sale deed claims to have acq