VIMAL KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Section 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as "the Code") has been filed by the petitioners for quashing FIR dated 28-07-2004 lodged at Police Station Pandri (Mova) under Crime No. 160 of 2004 alleging commission of offence under Section 420 of the IPC by the petitioners and all connected criminal proceedings pending in the Court of Judicial Magistrate First Class, Raipur under Criminal Case No. 339 of 2005.

(2.) Brief and necessary factual matrix giving rise to this petition are that the petitioner No. 1 in his capacity as Manager of Jain Automobiles entered into an agreement to sell a parcel of land admeasuring 0.148 Hectare situated at Khasra No. 855/2 & 856/2 in Village Mova with the respondent No. 2/ complainant and advance of Rs. 5 Lakh was paid by the respondent No.2 to the petitioner No. 1. Under Clause 2 of the said agreement, the petitioner No. 1 had agreed to sell his land to respondent No. 2 by registered sale deed within a period of three months. The petitioners, however, received a legal notice on behalf of respondent No. 2 alleging fraud practiced by the petitioners. In the notice (Annexure P/3) sent by the respondent No. 2, it was alleged that the respondent No. 2 was allowed the spot inspection of the land and informed that the land is adjacent to road and further that the respondent No. 2 would be provided a front of 125 feet, but later on, while making enquiry with regard to the title of the petitioners, the respondent No. 2 came to know that there is no road adjacent to the plot under agreement of sale and in fact it is abutting government land of 16 acres and under the master plan, there is no road proposed. It was also alleged that the area, where the land under agreement is situated is proposed for recreational purposes under the master plan of 2001 and also likely to be acquired for M.L.A. Rest House. Thus, it was alleged that the petitioners have cheated the respondent No. 2 with regard to the exact location of the road and the purpose, for which, the area is reserved and by fraudulent misrepresentation, obtained Rs. 5 Lakhs as advance. The notice was replied by the petitioners on 17-06-2004 denying allegations and stating that the respondent No. 2 is pressurizing the petitioners to sell the land at reduced rate of Rs. 120/- per square feet instead of agreed rate of Rs. 160/- per square feet and when the petitioners denied, such false allegations are being levelled and lame excuses are being made to avoid performance of obligations under the agreement towards execution of sale deed by payment of the balance amount.

(3.) The respondent No. 2, thereafter, lodged a written complaint to the Superintendent of Police against the petitioners alleging fraud and cheating. On the report of the respondent No. 2, the Police of Police Station Pandri (Mova) registered FIR under Crime No. 160/2004 for offences under Section 420/34 of the IPC against the petitioners and have submitted a final report under Section 173 of the Cr.P.C. before the Chief Judicial Magistrate, Raipur.