SHEKHARESH BHATTACHARYA Vs. SARDAR CHARANJIT SINGH

JUDGEMENT

(1.) THE unsuccessful petitioner in criminal revision No. 668/1999 has preferred this petition under section 482 of the Code of Criminal Procedure (henceforth 'the Code') praying for dismissing the complaint and quashing the process which has been issued against him in criminal case No. 1172/1998 by the Judicial Magistrate First Class by order dated 26. 10. 1999.

(2.) BRIEF facts necessary to unfold the main issue in the petition are that the respondent no. 1 Charanjit Singh filed a complaint before the Judicial Magistrate First Class, raipur alleging that he had agreed to purchase the land situated at plot No. 19/3, block No. 19 in Civil Station, Raipur from the petitioner and his brother's son respondent No. 2 on a 5. 7. 1994. Under the agreement, the respondent No. 1 had initially paid rs. 50,000 to the petitioner and the respondent No. 2. According to the terms of the agreement, after getting the renewal of the lease of the property mentioned above, the petitioner and the respondent No. 2 were required to inform the respondent No. 1. It was only thereafter that respondent No. 1 was required under the agreement to get a sale deed registered. On payment of rs. 1,00,000 by the respondent No. 1 to the petitioner on 25. 6. 1996 and pursuant to a condition in the agreement dated 5. 7. 1994, the parties had, on 25. 6. 1996, extended by mutual consent the period of execution of sale deed. The petitioner executed a General Power of Attorney soon thereafter in favour of the respondent No. 2 on 2. 7. 1996 for executing a sale deed. The petitioner and respondent No. 2 did not give any intimation regarding renewal of the lease to respondent No. 1 and surreptitiously and without informing Sardar Sarabjit Singh about the agreement entered into by them with respondent No. 1 sold one shop and the land situated behind it to Sardar Sarabjit Singh on 3. 7. 1996 for a consideration of rs. 1,25,000. On these premises, a complaint for offence under Sections 420, 467, 468 and 471 read with Section 34 of the I. P. C. was filed by respondent No. 1.

(3.) THE statements of complainant/respondent No. 1 Sardar Charanjit Singh and witness Gurubax Singh were recorded under section 200 of the Code and by order dated 10. 09. 1997 the Judicial Magistrate First class took cognizance of an offence under section 420 of the I. P. C. against the petitioner and respondent No. 2 by registering criminal case No. 1172/1998.