Ruled in favour of Mayur Ghanshyam Rajgor (Petitioner)
In Short
A home buyer paid most of the money for a bungalow, but the main builders took the cash, refused to give the house, and secretly sold it to a third party. The buyer filed a criminal case against the main builders and also named their representative, who had only collected a small part of the payment. The High Court quashed the criminal case against the representative, ruling that he was not the main seller and the dispute was purely a civil matter.
The Parties
Party A: Mayur Ghanshyam Rajgor
Party B: State of Gujarat & Anr. (the de facto complainant)
Advocates & Judges
For Party A: Learned Advocate Mr. Shivam Majmudar for Learned Advocate Mr. NK Majmudar
For Party B: Learned Advocate Mr. Rohan Shah, APP
Judge(s): Hon'ble Justice P. M. Raval
What the Case Was About
A home buyer agreed to buy a bungalow in Patan for over twenty-two lakh rupees, paying a large chunk of money to the main developers over several years. When the buyer tried to pay the final balance and get the sale deed registered, the main builders kept making excuses and eventually sold the bungalow behind his back to someone else. The buyer discovered the betrayal and filed a police complaint against the main builders for cheating and breach of trust. He also named a representative who had simply collected a tiny portion of the money on the builders' behalf. The representative asked the High Court to throw out the case against him, arguing he was just an employee with no role in selling the property or pocketing the profits.
Judgment Date
23/10/2026
The Outcome
The court ruled in favour of the applicant and allowed the petition, quashing and setting aside the criminal case specifically against the representative.
What the Court Looked At
- The court examined the initial police complaint to see if any real criminal wrongdoing was tied to the representative.
- It noted that the core agreement and the secret resale of the property were handled entirely by the main developers, not the representative.
- It observed that the representative merely collected a small payment as an authorized person of the main accused.
- It considered the argument that dragging a minor representative into a builder's fraud case is an abuse of legal process.
"Where the allegations made in the first information report... even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case againstoregion accused."
What This Means For You
Working as an agent, employee, or representative for a builder or business owner can put you in extreme danger if your boss turns out to be a fraudster. In this case, the applicant nearly had his life ruined by a criminal case simply because he collected a single payment installment on behalf of the main developers who later sold the property to someone else. If you are ever an intermediary who handles paperwork or cash for someone else's business deal, make sure your paper trail clearly shows you were acting strictly under instructions and did not control the property. Being caught in the crossfire of a broken property deal can drag you into court battles that take years to clear up. Setback Solutions can help you understand your options and coordinate next steps when you are unfairly trapped in a dispute that belongs to someone else.
You Still Have Options
Finding yourself named in a criminal complaint or facing a false FIR for someone else's business wrongdoing can feel overwhelming and terrifying. You do not have to navigate this stressful situation alone, whether you are trying to untangle a bad business association or looking for a second opinion on your case. Reach out to Setback Solutions for help understanding your options and coordinating the next step. Please remember that Setback Solutions is not a law firm, does not provide formal legal advice, and never guarantees any specific court result, but we are here to help you make sense of your situation in plain language.