[1] Learned advocate for the applicants would submit that the applicants are bona fide purchasers of the subject land of the complaint and further legal heirs of the owner including HUF Manager and the complainant were paid the amount agreed by cheque and further amount of Rs.10 Lakhs was also paid accordingly when possession agreement was entered into and transaction were over. Besides irrevocable Power of Attorney was executed and the sale- deed was entered into executed initially on 03.03.2011, but the deficit fee was paid later on and notice for cancellation of Power of Attorney is therefore inconsequential. In transaction entered into by the parties basically of civil nature, the learned Chief Metropolitan Magistrate, Ahmedabad has misdirected himself in issuing straightway process and on 20.03.2012 in a private complaint without even ordering any inquiry and thus, issuance of summons by the impugned order is HC-NIC Page 1 of 2 Created On Fri Mar 04 02:38:23 IST 2016 CR.MA/5269/2012 2/2 ORDER illegal.
[2] Considering all the above aspects, prima facie, the learned Chief Metropolitan Magistrate, Ahmedabad in issuing process for the offences alleged has misdirected himself in setting the machinery of criminal law into motion in the backdrop of pendency of civil litigation between the parties where rights are about to be adjudicated and the averments made in the complaint appear to be not based on any material on record.
[3] Issue notice returnable on 7th May 2012. In the meanwhile, ad- interim relief in terms of paragraph No.8(c) is granted. Direct service is permitted.
[ ANANT S. DAVE, J. ] vijay HC-NIC Page 2 of 2 Created On Fri Mar 04 02:38:23 IST 2016