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2018 Supreme(Guj) 1237

B.M.TRIVEDI
Bipinbhai Dahyabhai Soni – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Y.S. Lakhani and Panam C. Soni
For the Respondent: Jalsoli Unwala, Makbul I. Mansuri and C.M. Shah, APP

JUDGMENT :

B.M. TRIVEDI, J.

1. The applicant (accused No. 2) -Bipinbhai Dahyabhai Soni has preferred the present application under Section 482 of Cr.P.C., praying to quash and set aside the FIR being CR-I No. 163 of 2014 registered with the Sola High Court Police Station, Ahmedabad for the offence punishable under Sections 406, 420 and 114 of IPC, and also the subsequent proceedings pursuant thereto.

2. As per the case of the applicant, the complainant i.e. the respondent No. 2 herein - Tikendra D. Patel had lodged the complaint alleging inter alia that his aunt i.e. Giribalaben D. Patel had entered into an agreement with Purshottambhai Patel to purchase his land bearing Survey No. 491/1 admeasuring 2000 sq. yards situated at Thaltej, Ahmedabad for a consideration of Rs. 1,00,00,000/- (Rs. One crore only), out of which she had paid Rs. 71,25,000/- to the said Purshottambhai, and had also paid Rs. 46,00,000/- (One lac US$) to his son at America for an additional land of 1000 sq. yards. It was further alleged that the said Purshottambhai, after receiving the said amount from the aunt of the complainant, sold out the said land to one Bipinbhai Soni (the applicant herein). When she came t



















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