RADHESHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) By the impugned judgment and order dtd. 27/9/2023 the High Court of Judicature for Rajasthan at Jodhpur has declined to quash the proceedings arising out of First Information Report[FIR] No. 215 of 2022 under Sec. 420 and 406 of the Indian Penal Code, 1860[IPC] registered at Police Station Rajgarh, district Churu, Rajasthan and, accordingly, dismissed the petition under Sec. 482 of the Code of Criminal Procedure, 1973[CrPC] filed by the appellants.

(3.) Respondent no. 2 and the appellants entered into an Agreement to Sell dtd. 29/6/2020 with respect to sale of Swami Towers, Shitla Bazar, Rajgarh for a total sale consideration of Rs.5,11,00,000.00 (Rupees five crore eleven lakhs only) and an advance payment of Rs.11.00 lakhs i.e. Rs.5.00 lakhs in cash and Rs.6.00 lakhs by way of a cheque was made at the time of Agreement to Sell. Further respondent no. 2 agreed to make the payment of Rs.1.00 crore by 30/9/2020 and the balance amount of Rs.4.00 crores in the next fifteen months beginning 30/9/2020, as per his convenience. The entire payment was to be made within 18 months from the date of execution of the Agreement to Sell.