(1.) By means of present Application under Sec. 482 Crimial P.C., the applicant seeks to quash the order dated 27.03.2017, passed by 2nd Additional Sessions Judge, Nainital in Criminal Revision No. 93 of 2016, Harish Cahndra Gururani Vs. Anoop Agarwal and another, and further prayed to quash the proceedings of Criminal Case No. 616 of 2016, pending in the Court of 1st Additional Civil Judge (J.D.)/Judicial Magistrate, Nainital.
(2.) A criminal complaint case was filed by the respondent no.1 against the applicant, only alleging that the accused-applicant sold a piece of land to the complainant, which was, in fact, agricultural land and the accused-applicant has obtained from him a price of residential land.
(3.) The accused-applicant was issued summon to face the trial for the offences punishable under Sections 420 and 421 of IPC. Accused-applicant filed a criminal revision against his summoning and met with partial successes. Whereas offence punishable under Sec. 421 Penal Code was dropped out against him, his summoning under Sec. 420 Penal Code was upheld.