PANNA LAL SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) This application under Section 378(4) Cr.P.C. has been moved by Panna Lal Sharma with a prayer for grant of leave to file appeal against judgment of acquittal dated 02.11.2002, passed by IXth Additional Chief Judicial Magistrate, Aligarh in Complaint Case No. 1996 of 2002 (Panna Lal Sharma Vs. Rewati Prasad), under Section 420 I.P.C., Police Station Tappal, District Aligarh, whereby Rewati Prasad has been acquitted from the charge of offence punishable under Section 420 I.P.C.

(2.) Learned counsel for applicant argued that it was a complaint case filed against Rewati Prasad by Panna Lal Sharma, wherein he was summoned for offence punishable under Section 420 I.P.C. A sale deed was got executed by Rewati Prasad for plot no. 75 on 17.02.1993. This plot was obtained in a public auction from Sales Tax Department by Rewati Prasad and subsequently this public auction was cancelled by department concerned, of which information was communicated to Rewati Prasad on 28.07.1992. Even after being informed about ownership of plot no. 75, Rewati Prasad executed sale deed for same plot in favour of complainant for a consideration of Rs.8,500/-, which was not under his ownership. It was a deceit with complainant Panna Lal Sharma, hence above complaint was filed, in which summoning was there. This fact was proved by complainant's witness PW-1 and PW-2 by their testimony recorded under Section 444 and 446 Cr.P.C., but trial Court failed to appreciate facts and law placed before it, thereby passed impugned judgment of acquittal, which was result of perversity. Hence, this appeal with a prayer for grant of leave.

(3.) Learned A.G.A. argued that judgment was in accordance with evidence on record.