RAJESH UPADHYAY Vs. SANDEEP MATHUR

JUDGEMENT

(1.) The present petition under Sec. 482 of CrPC has been filed challenging the order dtd. 8/2/2016 passed by the Additional Sessions Judge, Durg in Criminal Revision No. 000016 of 2016, whereby the Revisional Court has dismissed the revision preferred by the Petitioner upholding the order of the Judicial Magistrate First Class, Durg in an unregistered complaint case on 9/12/2015 rejecting the complaint preferred by the Petitioner against the Respondents registering a case for the offence under Ss. 406, 418, 420, 467, 468, 471 and 120(B) of IPC.

(2.) For considering the issue involved in the instant petition, the brief facts relevant are that the Petitioner/Complainant had entered into an agreement for sale with Respondent No.1 on 7/1/2013 in respect of purchase of around 4000 sq. ft. of land for a sale consideration of Rs.40.00 Lakh. On 7/1/2013 they had entered into an agreement in the presence of two witnesses and the Petitioner also gave an advance amount of Rs.10.00 Lakh at the time of the execution of the agreement to sale and it was agreed that the remaining part of the amount i.e., Rs.30.00 Lakh shall be paid at the time of the execution of the sale deed.

(3.) According to the Petitioner/Complainant, in spite of a specific agreement entered into between the Petitioner and Respondent No.1, the Respondent No.1 without further acting upon the said agreement and selling the property to the Petitioner and without even the knowledge of the Petitioner, is said to have sold the property to Respondents No. 2 and 3 on 30/6/2014. This act on the part of Respondent No.1 in selling the property to Respondents No. 2 and 3 in spite of there being a specific agreement for selling the property to the Petitioner and for which he had also taken an advance amount of Rs.10.00 Lakh, amounts to an act of cheating on the part of Respondent No.1.