ORAL ORDER

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 13010 of 2024

1.

Learned advocate Mr.Piyush Trivedi on behalf of learned advocate Mr.Sailesh Desai submits that the complainant was agreed to sell the land to the respondent-accused for the amount of Rs.1,11,00,000/- and for that one Soda Chiththi was executed, which was produced below Exhibit 23 before the learned trial Court. After the execution of the Soda Chiththi at the instructions of the respondent- accused, the sale deed was executed in the name of the other person wherein the respondent-accused has signed as a witness and the sale deed was produced below Exhibit 9. Learned advocate Mr.Trivedi submits that on the assurance of the respondent-accused, the remaining amount of the sale consideration would be paid and the sale deed was executed. However, thereafter the cheque which was issued for the part payment of the debt was dishonored.

2.

Learned advocate Mr.Trivedi submits that as he did not receive the full consideration of the transactions, he raised an objection before the Prant OfÏcer stating that though this land was agreed to be sold to the respondent-accused, however, on the instructions of the the respondent-accused sale deed was executed in favour of the other person without the payment of full consideration of the transaction.

3.

Learned advocate Mr.Trivedi submits that no probable defence raised with regard to the execution of the cheque and though the evidence, which was produced by the complainant in support of his complaint was not rebutted to create the doubt on the legally enforceable debt, the learned trial Court has acquitted the respondent-accused on the ground that no any suit was filed for cancellation of the sale deed and though before the Registrar the acceptance was made by the complainant regarding receiving the full consideration of amount, this false case is filed. Learned advocate Mr.Trivedi submits that the said statement was made before the Registrar only on the assurance of the respondent-accused, however, subsequently, the cheque which was issued was dishonored and mutation entry was also executed in the revenue record.

4.

Learned advocate Mr.Trivedi submits that the complainant was not only duped from the sale consideration of the land, but also was cheated by the respondent-accused and therefore, this application for seeking leave to prefer an appeal is required to be considered.

5.

Considering the submissions, this Court deems it fit to allow this application for seeking leave to prefer an appeal. Hence, present application is allowed. Leave to prefer an appeal is granted.

R/CRIMINAL APPEAL NO. 1447 of 2024

1.

The appeal is admitted. Learned APP Mr.Mehta waives service of notice of admission on behalf of the respondent-State.

2.

Issue Bailable Warrant in the sum of Rs.5,000/- (Rupees Five Thousand Only) against the respondent-original accused.

3.

Record and Proceedings shall be called for. Matter be listed in seriatim. (M. K. THAKKER,J)

M.M.MIRZA