RAJMAL GOYAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Criminal Misc. Petition under Sec. 482 of CrPC has been preferred by the Petitioner assailing the order dtd. 12/8/2016 passed by the Additional Sessions Judge, Pendra Road, District Bilaspur, in Criminal Revision No. H-12 of 2016 and also the order dtd. 9/2/2016 passed by the Judicial Magistrate First Class, Pendra Road, in an unregistered case.

(2.) Vide order dtd. 9/2/2016, the Magistrate Court at the first instant has dismissed the complaint case under Sec. 200 of CrPC preferred by the Petitioner-Complainant, holding that the ingredients necessary for making out the offence under Ss. 380, 457 and 448 was not available and the dispute appears to be more of a civil dispute between the parties. The Revisional Court also vide its order dtd. 12/8/2016, considering the contentions and submissions put forth on either side, reached to the same conclusion that the dispute between the parties was more of a civil dispute and that the Trial Court has not committed any error of law nor is there any infirmity in reaching to the conclusion of the rejection of the complaint case in exercise of powers under Sec. 203 of CrPC.

(3.) Some of the facts relevant for the proper adjudication of the present case are that, the disputed property is a shop/godown originally owned by Respondent No.2. On 9/10/2004, an agreement to sale was entered into between the wife of the Petitioner-Complainant and Respondent No.2 for sale of the said disputed property. The sale consideration of the suit property was Rs.4.00 Lakh. At the time of agreement, Rs.3.75 Lakh was made towards advance and the balance amount was agreed to be paid at the time of registration of the sale deed. Possession also is said to be given to the wife of the Petitioner. The Petitioner was operating his business using the suit property as his godown for stocking his articles.