BILAKICHAND BAGMAL JAIN Vs. AMRUT SHANKAR MALI

JUDGEMENT

(1.) By this petition, petitioner impugns order of discharge rendered by learned 6th Joint Judicial Magistrate (F.C.), Dhule, in Reg. Criminal Case No. 230/1994, which came to be confirmed by the Court of Sessions, Dhule, in Cri. Revision Application No. 87/1997. He urges to remand the matter for framing of the charge.

(2.) The material facts are few. According to the petitioner, on 14-02-1991, the respondent No. 1 executed a registered agreement of sale without possession, in respect of agricultural field bearing Gat No. 358/3. The respondent No. 1 represented that he wanted to alienate the said field. The negotiations were held and price of the field was fixed at Rs. 71,000/-. The petitioner paid Rs. 25,000/- to the respondent No. 1 at the time of said agreement. The respondent No. 1 agreed to obtain necessary permission for conversion of the land which was new leasehold to old conditions of lease. He again on 09-07-1991 asked for further payment of Rs. 10,000/-. The payment was made and came to be acknolwedged under a document executed on stamp paper.

(3.) The petitioner adduced evidence before the charge. He examined himself and scribe of the agreement of sale. Considering the versions of the witnesses, the learned Magistrate held that charge could not be framed on assuming that the evidence goes unrebutted. Therefore, the respondent No. 1 was discharged under section 245 (1) of the Criminal Procedure Code. The Sessions Court also confirmed the said order.