NITIN JAIN Vs. VIKRANT KUMAR SHUKLA

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 challenging the order dtd. 14/8/2015 (Annexure A/4) passed by learned Judicial Magistrate First Class, Durg (C.G.) by which, the complaint filed by the petitioner for registration of offence against the respondents for committing offence punishable under Ss. 420, 467, 468, 471 read with Sec. 120B of I.P.C. has been dismissed by recording finding that after appreciating the preliminary evidence, there is no sufficient ground to proceed further. Thereafter, Criminal Revision No. 178/2015 (Annexure A/1) preferred by the petitioner has also been dismissed by Additional Sessions Judge, Durg (C.G.) vide order dtd. 14/10/2015. Both the orders have been assailed by the petitioner in this petition.

(2.) The facts projected by the petitioner, in brief, are that the petitioner and respondent No. 1 entered into an agreement on 11/12/2012 for sale of diverted residential land area admeasuring 0.33 Hectare bearing Khasra No. 258/38 situated at Village- Borsi, Patwari Halka No. 19/23, Revenue Circle Durg- 01, Tahsil and District- Durg (C.G.) for Rs.1,15,00,000.00. The petitioner in pursuance of the said agreement paid Rs.16,00,000.00 in cash and Rs.9,00,000.00 through cheque No. 04041243 dtd. 17/12/2012 drawn at IDBI Bank Limited, Branch- Durg. As such, total Rs.25,00,000.00 was paid as advance and remaining amount of Rs.90,00,000.00 was to be payable at the time of execution of sale deed. The agreement was signed by respondent No. 1. The agreement dtd. 11/12/2012 was cancelled due to non-demarcation report and another agreement dtd. 13/1/2014 was executed between the petitioner and respondent No. 1, wherein, respondent No. 2 has signed in the agreement as witness.

(3.) It has been contended by learned counsel for the petitioner that respondent No. 2 has himself approached the petitioner for sale of land and even respondent No. 2 is involved in the criminal conspiracy with respondent No. 1. After execution of second agreement, the petitioner approached respondent No. 1 on 13/1/2014 for execution of sale deed, but they avoided the same. The petitioner sent legal notice on 30/1/2014 with regard to registration of agreement, but no reply has been submitted by respondent No. 1 and when the petitioner requested him to release the amount, he refused the same. Thus, the respondent No. 1 and 2 have committed offence of cheating to the petitioner and committed fraud of Rs.25,00,000.00 with the petitioner. The petitioner has made complaint on 30/4/2015 to the In-charge, Police Station- Durg, but no action has been taken, therefore, the petitioner has filed complaint under Sec. 156 (3) of the Cr.P.C. before the Judicial Magistrate First Class.