AMAR DEV SHASTRI Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution read with Section 482 of the Code of Criminal Procedure assailing the order dated 13th April, 2009 passed by the learned Addl. Sessions Judge, whereby the revision petition filed by the petitioner against the order of the learned Metropolitan Magistrate dated 30th September, 2008 was dismissed.

(2.) VIDE an Agreement to Sell dated 17th January 2007, respondents 2 and 3 namely Kailash Kaur Sawhney and Mandeep Singh Sawhney agreed to sell property No. H -110 Shivaji Park, Punjabi Bagh (West), New Delhi, to the petitioner, for a total sale consideration of Rs. 1.8 Crore. A sum of Rs. 5 Lacs was paid by the petitioner to them as earnest money. After entering into this Agreement to Sell, respondents 2 and 3 entered into another Agreement to Sell this property to one Ramesh Gupta on 12th February 2007, for a total sale consideration of Rs. 1.85 Crore.

(3.) A complaint dated 7th July 2008 was made by the petitioner to SHO Police Station Patel Nagar alleging therein that he had come to know that the Vendors Mandeep Singh Sawhney and Kailash Kaur Sawhney had concealed the above referred stay orders, passed by DRT and this Court, from him. Since no FIR was registered on the complaint lodged by the petitioner with the police, a criminal complaint filed by him before the learned Metropolitan Magistrate alleging commission of offences under Section 420/467/468/471/34 of IPC and seeking investigation and registration of FIR under Section 156(3) of the Code of Criminal Procedure. The learned Metropolitan Magistrate, vide order dated 30th September 2008 found no dishonest intention on the part of the respondents and dismissed the complaint. The revision petition, filed by the petitioner, was dismissed by the learned Addl. Sessions Judge vide order dated 13th April 2009.