ALTAF HUSSAIN CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has challenged the order dtd. 18/12/2019 passed by the Additional Sessions Judge-1, Vasai in Criminal Revision Application No.16/2018 thereby rejecting the Petitioner's Revision Application. The Petitioner had challenged the order rejecting his discharge application by the trial Court in this particular revision.

(2.) Heard Shri Kuldeep Patil, learned counsel for the Petitioner and Shri N.B. Patil, learned APP for the Respondent No.1-State.

(3.) The case of the prosecution which is instituted on the complaint lodged by the Respondent No.2 is that the Petitioner entered into an agreement for sale in respect of the land bearing New Survey No.69 Hissa No.5 and New Survey No.69 Hissa No.3 situated at Chandrapada, Taluka- Vasai, District-Thane. The allegations are that the Petitioner accepted Rs.21.00 Lakhs from the complainant (the Respondent No.2 herein). The transaction was for Rs.84,05,000.00. But subsequently he did not transfer this land to the Respondent No.2 (the complainant). The Petitioner had filed a Civil Suit against the original land owners. In that suit, the complainant (the Respondent No.2 herein) made an application for intervention. According to the complainant, the Petitioner has committed the offences punishable under Ss. 416 , 420 and 417 of IPC. The trial Court discharged the Petitioner from the offence punishable under Sec. 416 of IPC but refused to discharge the Petitioner from the charges of commission of the offences punishable under Ss. 420 and 417 of IPC. That order dtd. 13/3/2018 was challenged by the Petitioner in Revision before the Sessions Court, which was rejected as mentioned earlier.