PREM GIRI Vs. DAULAT RAM & ANR

JUDGEMENT

(1.) Crl.M.C. No.2613/2016

(2.) A thumbnail sketch of the facts of the case emerging from the records and the complaint case filed by the respondent no.1, is that respondent no.1 executed an agreement to sell/Bayana with the petitioner for purchasing the property/house of the petitioner for a total consideration of Rs.30,00,000/- and that the said agreement was duly signed by both the parties. The respondent no.1 paid a sum of Rs.10,00,000/- to the petitioner in advance as Bayana amount at the time of executing the said agreement to sell/Bayana by way of a cheque and further paid a sum of Rs.5,00,000/- to the petitioner in cash on account of part payment of the sale consideration. Thus, the respondent no.1 paid Rs.15,00,000/- in advance out of total sale consideration of Rs.30,00,000/-.

(3.) Thereafter, the petitioner filed an application under Section 311 of the Cr. P.C. read with Section 145 of the Indian Evidence Act for again cross-examination of the respondent no.1 and an application under Section 315 Cr.P.C, before the learned Metropolitan Magistrate.