MOHAMMAD USMAN Vs. RAJESH SAILI

JUDGEMENT

(1.) Heard Mr. Tumul Nailwal, Advocate for the applicant and perused the record.

(2.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the applicant has sought quashing of the summoning order dated 3.3.2008 passed by Special Judicial Magistrate, Khatima as well as the proceedings of Criminal Case No.543 of 2009, Rajesh Saili v. Mohd. Usman, relating to offence punishable under Sections 420/406 of The Indian Penal Code, 1860 (for short, IPC).

(3.) Brief facts of the case are that respondent filed a complaint against the applicant before Special Judicial Magistrate, Khatima, District Udham Singh Nagar, stating that for purchasing a plot no.171 from the applicant on the sale consideration of ` 2,21,000/-, an agreement was executed between the respondent and the applicant on 24.2.2006, in pursuance of which, the applicant received cash of ` 21,000/- towards earnest money and ` 2.00 lacs by way of cheque and it was decided that the sale deed will get executed upto 5.5.2006, but subsequently, it came into the knowledge of the respondent that the applicant has executed sale deed in favour of one Jyoti Prasad. Thereafter the respondent demanded his money from the applicant but the applicant did not return his money and kept lingering him on one pretext or other. With the same averments, the respondent filed the present complaint against the applicant in the court. In support of his complaint, the complainant got himself examined u/s 200 Cr.P.C. and u/s 202 Cr.P.C. Harish Kumar Taneja, Sarvesh Kumar Rastogi and Jyoti Prasad were examined. After hearing learned counsel for the complainant and perusing the entire material available, learned Special Judicial Magistrate, Khatima vide his order dated 3.3.2008, summoned the applicant under sections 406/420 IPC. Feeling aggrieved, the applicant has preferred the present C482 petition before this Court.