P.C. AGRAWAL Vs. STATE

JUDGEMENT

(1.) Petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C") has been filed on behalf of the Petitioner, Sh. P.C. Agrawal, for quashing of Judgment dtd. 24/4/2017 in Criminal Revision No. 204168/2016 arising out of Complaint Case 380/1, whereby the Order dtd. 19/5/2014 of the Ld. M.M. dismissing the Application under Sec. 156(3) Cr.P.C., has been upheld.

(2.) Briefly stated, the Respondent No.2, Sh. Ashok Biswal approached the Petitioner, Sh. P.C. Agrawal in July, 2008 for the sale of property bearing No. E-929, C.R. Park, New Delhi admeasuring 160 Sq. Yard (hereinafter referred to as "Property"). Respondent No.2, Ashok Biswal represented himself as a Property Dealer/Developer and fraudulently represented that he is the sole and absolute owner of the Property and also represented that the Property was free from all encumbrances.

(3.) Respondent No.2, Sh. Ashok Biswal also mentioned that he had purchased this Property from Respondent No.4 to 6 by virtue of an Agreement to Sell dtd. 27/12/2005 for a total consideration of Rs.1.50 Crores and that he had already paid a sum of Rs.1.35 Crores and that he had a right to nominate and assign to his nominee. The copy of the Agreement to Sell along with other relevant documents, were shown to the Petitioner, Sh. P.C. Agrawal. He was thus, induced to buy the Property at a lucrative price.