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Criminal Appeal Nos. 251-252 of 2020 (Arising out of SLP (Crl.) Nos. 142-143 of 2019)

Decided On: 10.02.2020

Appellants: Rajeshbhai Muljibhai Patel and Ors. Vs. Respondent: State of Gujarat and Ors.

Hon'ble Judges/Coram:
R. Banumathi and A.S. Bopanna


R. Banumathi, J.

1. Leave granted.

2. These appeals arise out of the impugned judgment dated 14.12.2018 passed by the High Court of Gujarat at Ahmedabad dismissing Criminal Misc. Application No. 2735/2017 thereby declining to quash the FIR No. I-194/2016. By the same order, the High Court has allowed Criminal Misc. Application No. 24588 of 2017 and quashed the criminal case in C.C. No. 367/2016 filed by Appellant No. 3-Hashmukhbhai Ravjibhai Patel against Accused Yogeshbhai Muljibhai Patel Under Section 138 of N.I. Act.

3. Brief facts which led to the filing of these appeals are as under:

Appellant No. 1-Rajeshbhai Muljibhai Patel is the real brother of Yogeshbhai Muljibhai Patel who is the Accused in C.C. No. 367/2016 filed Under Section 138 of N.I. Act by Appellant No. 3-Hashmukhbhai Ravjibhai Patel. Both Appellant No. 1-Rajeshbhai and his brother Yogeshbhai are stated to be residents of United Kingdom. In this appeal, Appellant No. 1-Rajeshbhai is represented through his Power of Attorney holder-Appellant No. 2-Vipulkumar Hasmukhbhai Patel. Respondent-Yogeshbhai is represented through his Power of Attorney holder-another Respondent-Mahendrakumar Javaharbhai Patel.

4. On 08.12.2015, Appellant No. 3-Hasmukhbhai Ravjibhai Patel filed a criminal case being C.C. No. 367/2016 against Accused Yogeshbhai Under Section 138 of N.I. Act. The father of Appellant No. 1-Rajeshbhai and Yogeshbhai had agricultural lands bearing Block/Survey Nos. 534, 536/1/A, 536/1/B, 538, 539, 540, 541/1, 542 and 543 situated at Village Fofaliya, Ta. Dabhoi, District Vadodara. In 2010, in order to sell his father's land, Yogeshbhai called up Appellant No. 3 who is also the maternal uncle of Yogeshbhai and Rajeshbhai. Since Appellant No. 3 was also planning of buying some agricultural land from the surplus funds which he has received from the sale of his agricultural land, he accepted the proposal of Yogeshbhai. Yogeshbhai who is residing in United Kingdom showed his intention to come to India for executing the sale deed of his lands in favour of Appellant No. 3 and asked to pay the money to Respondent No. 2-Mahendrakumar Javaharbhai Patel. Accordingly, Appellant No. 3 gave Rs. 30,00,000/- each on four days viz. 21.08.2010, 22.08.2010, 26.08.2010 and 28.08.2010 as part payment, the total amounting to Rs. 1,20,00,000/- to Respondent No. 2-Mahendrakumar, who issued receipts for the said payments of amount for and on behalf of Accused Yogeshbhai. In 2015, Accused Yogeshbhai came to India and arranged meeting with Appellant No. 3. In the meeting, Yogeshbhai informed Appellant No. 3 that he has already executed a registered Sale Deed No. 1229/2013 dated 16.07.2013 in favour of one M/s. Brentwood Industries India Pvt. Ltd. thereby, selling the above referred lands to that company which was agreed to be sold to Appellant No. 3.

5. Knowing all these facts, Appellant No. 3 demanded his legal outstanding debt from Yogeshbhai immediately i.e. total of Rs. 1,20,00,000/- and Yogeshbhai promised to refund the amount by issuing four cheques ea........