MURARI LAL GUPTA Vs. GOPI SINGH

JUDGEMENT

(1.) The respondent, Gopi Singh, filed a criminal complaint against the petitioner herein complaining of an offence under Sections 406 and 420 IPC. According to the complaint, the petitioner has a property in Delhi in respect of which he entered into an agreement to sell in favour of the respondent for a consideration of Rs. 4.50 lakhs. An amount of Rs. 3.50 lakhs was paid. The balance of Rs. 1 lakh was to be paid at the time of registration of sale deed and delivery of possession. Thereafter, the petitioner did not honour the agreement in spite of three legal notices having been given. According to the respondent, the petitioner has thus cheated him.

(2.) Though the property forming subject-matter of agreement to sell is situated in Delhi, according to the averments made in the complaint the agreement between the parties had taken place at Madhepura and the amount was paid thereat. Hence, the Criminal Court at Madhepura had territorial jurisdiction to try the complaint.

(3.) After recording the statement of the complainant respondent and three other witnesses examined by him, the trial court vide its order dated 30.05.2003 arrived at a finding that it was a pure and simple case of breach of an agreement to sell creating civil liability between the parties and the appropriate remedy for the respondent was to file a civil suit for specific performance of the agreement and not to file a criminal complaint. The learned Judicial Magistrate, First Class directed the complaint to be dismissed leaving the civil remedy open to the respondent.