RAMCHANDRA RAMAYYA BALINGAL Vs. GOVINDRAO BALKRISHNA KONDA

JUDGEMENT

(1.) HEARD Mr. Katikar, learned Advocate for the petitioner-original complainant and the learned APP for the State. Nobody is present for the accused Nos. 2, 3 and 4.The petitioner has challenged the order of the Judicial Magistrate First Class, Solapur dated 15.12.1989 by which the Magistrate discharged accused Nos. 2 to 4 of the offences punishable under Sections 417 to 420, 426 r/w 34 of the IPC. I heard Mr. Katikar at length in this matter. However, I do not find any reason to interfere with th order of the Magistrate. Firstly, because the complainant did not challenge the order of the Magistrate before the Sessions Court. Secondly, because even if the complainant has said in his complaint is accepted no offence of cheating or any of the sections mentioned in the complaint is made out against the accused.

(2.) THE complainant says in his complaint that accused No.1 had sold house to the complainant by a receipt dated 20.5.84 followed by an agreement dtd. 18.10.1984. THEreafter, accused No.2 represented that accused No.1 entered into an agreement of sale with her and accused Nos. 3 and 4 on 5.6. 84 in respect of the same house. On coming to know of this agreement by newspaper advertisement given by accused Nos. 2 to 4, the complainant contacted accused No.1 and questioned him about the so called agreement and the said advertisement. Accused No.1 flatly denied to have entered into an agreement with acused Nos. 2 to 4 and did not execute any document of sale in favour of accused Nos. 2 to 4.To the contrary accused No.1 informed the complainant that he would prosecute the accused Nos. 2 to 4 for forgery etc.

(3.) SO far as this Revision is concerned, since the complaint lacks necessary and material particulars and since the accused No.2 to 4 have never made any representation to the complainant and had never prevailed upon the complainant to part with some property and had not cheated the complainant and as such the Magistrate was justified in discharging them. I, there, pass the following order ORDEr The Petition is dismissed. .