SSM 1 appln.4666.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4666 OF 2010 Mr. Sunil Sawaldas Wadhwani .... Applicant VERSUS The State of Maharashtra and another .... Respondents Mr. Niranjan Mundargi i/b Mr. Shounak Mehta for the Applicant. Mr. D. R. More, APP for the State. CORAM: SMT. R. P. SONDURBALDOTA J. DATED: JANUARY 28, 2011. P.C.: The Criminal Application is filed under Section 482 of Cr.P.C. for seeking quashing of F.I.R. being Cr.R.No.I-195 of 2010, registered with Shahapur Police Station, Thane for offences punishable under Section 406, 420, 468 and 197 of I.P.C. 2. Respondent no.2 is the original complainant. He alleges in the complaint that the applicant had promised to sell him a plot of land in March 2008. He had shown an open piece of land as the land SSM 2 appln.4666.10 to be sold. From 24 th March 2008 till 4 th August 2008 the complainant paid in all a sum of Rs.4 lakhs to the applicant towards par consideration. The receipt of the amount is not disputed. Despite receipt of the amount, the applicant avoided to execute agreement of sale and later sold it to one Sunil Agarwal on 8 th June 2009. Therefore, he complained to the police and FIR No. I 195 of 2010 came to be registered u/s.420, 406, 463 of I.P.C. The applicant claims that he was constrained to sell the land to a third party as the complainant failed to pay the entire consideration as per the demand made by him. This defence can be considered only at the time of trial. Perusal of the complaint shows that on a prima facie view, the offences as alleged have been made out by the facts stated in the complaint. 4. Hence, the application is dismissed. (SMT. R. P. SONDURBALDOTA J.)