ANJU KHANNA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition has been filed under Section 397 Cr.P.C. by the complainant assailing the order dated 22.02.2020 passed by the learned ASJ, South East District, Saket Court, New Delhi in Cr.No.745/2019 which was filed on behalf of the respondents no. 2 and 3.

(2.) Initially, learned MM vide order dated 23.07.2019, had summoned the accused persons (respondents no. 2 and 3 herein) for the offence punishable under Sections 420/34 IPC. The summoning order was challenged by the accused persons by way of a criminal revision wherein, the learned ASJ by passing the impugned order set aside the summoning order.

(3.) Mr. Jasmeet Singh, learned counsel for the petitioner/complainant submitted that the impugned order shows complete non-application of mind. He submits that in present case, the petitioner and the respondents no. 2 and 3 entered into an agreement to sell with respect to the third floor of the property bearing no. J-7/14B, Rajouri Garden, New Delhi 110027 for a consideration of Rs.80 lacs. The complainant paid a sum of Rs. 51 lacs to the respondents no. 2 and 3. Out of Rs.51 lacs, Rs. 10 lacs were paid by way of a cheque no. 357358 dated 05.04.2010 and the remaining amount of Rs. 41 lacs was paid in cash in three instalments of Rs.15 lacs on 08.05.2010, Rs.11 lacs on 29.05.2010 and Rs.15 lacs on 23.08.2010. So far as the two payments of Rs.15 lacs are concerned, the respondents no. 2 and 3 also issued receipt and promissory note against the same. However, the respondents no. 2 and 3 did not issue any receipt for the payment of Rs. 11 lacs.