RAM LAL BANSIWAL Vs. MOHAN LAL BANSIWAL

JUDGEMENT

(1.) THE petitioner has impugned the dismissal of his complaint by the metropolitan Magistrate by order dated 27th February, 2007 and dismissal of his revision petition by the learned Additional Sessions Judge by order dated 23rd february, 2008 in Criminal Revision No. 61 of 2007. The petitioner/complainant is alleged to have entered into an agreement to sell, dated 9th December, 2002 with Mohan Lal, respondent No. 1, for a total consideration of Rs. 12. 00 lakh out of which Rs. 50,000/- was paid to respondent No. 1 in advance and the balance amount was payable on or before 31st March, 2003. On failure of respondent No. 1 to execute the conveyance in terms of agreement to sell, dated 9th December, 2002, a suit for specific performance was filed by him against respondent No. 1 which is still pending adjudication in the civil court. The allegation of the petitioner is that respondent No. 1 has executed sale deeds in favour of other respondents in respect of other portions. It is also alleged that a store measuring 6? x 7?, situated in mezzanine floor, which is owned by the daughter of the petitioner has also been sold in favour of other respondents.

(2.) THE learned Metropolitan Magistrate and the revision Court has held that the disputes are of a civil nature and though the petitioner has tried to dress them and attribute criminal nature to the same the petitioner, however, should not be permitted to use the prosecution to put pressure for achieving their civil claims.

(3.) IT is apparent that there is a civil contract, an agreement to sell a portion of the property, and the respondent No. 1 allegedly did not perform his part of agreement and a civil suit for specific performance is already pending. In the circumstances, there is a specific remedy in civil law which has already been availed by the petitioner.