RATENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 30.04.2010 passed by C.J.M., Etah in Case no. 3578 of 2008 (State vs. Baghvendra Singh and others), under Sections 419, 420 and 406 I.P.C. arising out of case crime no. C -4 of 2008, Police Station Marehara, District Etah, by which the discharge application moved by the revisionists was rejected.

(2.) BRIEF facts are that an application under Section 156 (3) Cr.P.C. was moved by the complainant Om Babu with the allegation that he agreed to purchase a tractor bearing no. UP 82 F 1735 from Raghvendra Singh, Sukhendra Singh, Ratendra Singh, Karu Singh and Smt. Kamla Devi on 19.09.2007 in the presence of Santosh Kumar, Shripal, Udaiveer and Maanpal for a sum of Rs. 3,20,000/ - and paid Rs. 1,90,000/ - as advance to the accused.

(3.) AFTER 15 days, when the complainant went to the accused, they started making excuses. During this period the villagers told the complainant that the tractor had been purchased on loan from P.N.B. On learning this on 11.10.2007, the complainant went to the concerned bank and enquired about the loan. He was told by the bank officials that an amount of Rs. 3,06,000/ - is due on the tractor beside recovery charges. The accused concealed these facts and cheated the complainant and took Rs. 1,90,000/ - from him. The complainant asked the accused to pay the remaining Rs. 1,30,000/ - but neither the accused persons are paying the remaining amount nor agreeing to sell the tractor. The complainant went to the police station and wanted to lodge the report but his report was not lodged. Hence the report was sent by post to the S.S.P. and application under Section 156(3) was moved before the Court.