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2024 Supreme(Online)(GUJ) 3875

HIGH COURT OF GUJARAT
MKT
JAGDISHBHAI MAHESHBHAI DESAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR SHAILESH T DESAI(10670) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

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 respond

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