JUDGMENT :

1. This appeal is filed under Section 378 of the Code of Criminal Procedure, 1973 (‘the Cr.P.C.’ hereinafter) challenging the judgment and order passed by the learned 17th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.10830 of 2013 dated 05.09.2023.

2. The case of the complainant in the complaint is that the complainant had decided to sale the land bearing survey Nos.72 and 73 to the accused and the consideration of the aforesaid land per bigha was decided of Rs.16,00,000/.

As per the case of the complainant, Banakhat which was executed wherein the condition mentioned is that the sale deed is to be executed in the name of the person, whose name would be suggested by the respondent-accused.

As per the suggestion of the respondent-accused, the sale deed was executed in favour of Kantilal Ranchorbhai Tada and the amount of sale consideration was paid as per the jantri value. With regard to the amount beyond the jantri value, the cheque was issued of the amount of Rs.20,00,000/by the respondent-accused dated 20.11.2012 bearing cheque No.013936 of Shri Savli Nagrik Cooperative Bank Limited.

2.1. It is further the case of the complainant that in addition to the