HIMANSHU SONKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Ms. Reena Singh, learned counsel for the petitioner. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for respondent No. 1/State.

(2.) It has been argued by the learned counsel for the petitioner that the petitioner purchased a land situated at Village-Gunderdehi bearing Khasra No. 881/3, Raqba- 0.09 Hectare for sum consideration of Rs.41,20,000.00 from respondent No. 2/complainant, namely, Yashwant Sahu and his mother Smt. Homin Sahu through registered sale deed dtd. 28/2/2022. After purchasing the said land the petitioner moved an application for getting his name mutated in the Revenue Record, in which the complainant and one Aman Gupta raised their objection, on which proceeding has been taken before Tehsildar Gunderdehi, Dist- Balod (C.G.), and on finding the petitioner case to be genuine and no evidence been presented by the objectors in support of their contention, the Tehsildar has passed an order dtd. 28/6/2022 in favor of the petitioner and the petitioner got mutated his name in the revenue records and is in possession of the said land.

(3.) Learned counsel for the petitioner submits that after the name of the petitioner got mutated in the revenue record, the complainant has lodged report before Police Station Gunderdehi on 5/12/2022 with effect that the present petitioner has made oral agreement to purchase his land bearing Khasra No. 881/3, Rq 0.09 Hectare for Rs.1,43,00,000.00, but has only paid Rs.41,20,000.00 for the said sale consideration and gave assurance to pay the balance of Rs.1,01,80,000.00 and on which the complainant and his mother has sold the above mentioned land to the petitioner vide registered sale deed dtd. 28/2/2022 executed before Registrar. She would submit that further story of the complainant is that after purchasing the said land the petitioner denied to give the balance amount to the complainant, on which he registered the FIR dtd. 5/12/2022, in Crime No. 388 of 2022 under Ss. 420, 34 of the IPC against the present petitioner and three other co-accused persons (witnesses of the sale deed). In the said Crime No. 388 of 2022, the petitioner was granted anticipatory bail from learned Session Judge, Gunderdelhi, Dist- Balod (C.G.) on 13/12/2022.