PARVEEN DALPATRAI DESAI Vs. GANGAVISHINDAS RIJHARAM BAJAJ

JUDGEMENT

(1.) THIS revision application is filed challenging the order of the Additional Sessions Judge, Greater Bombay, dated 15th March 1977 setting aside the order of the learned Metropolitan Magistrate, 23rd Court, Esplanade, Bombay, dated 27th August 1975, by which the learned Magistrate had passed an order of discharge in favour of the accused -revision petitioner under Section 245 (1) of the Criminal Procedure Code, 1973.

(2.) THE facts giving rise to this revision application are briefly these : The accused -revision petitioner Praveen Desai is a Managing Director of what is known as "Advent Corporation Pvt. Ltd." In that capacity he had constructed a building called "Advent" at 12 -A, Foreshore Road, Bombay. In 1962, the accused wanted to construct another building known as "Divyaprabha" on a vacant portion of the plot on which the Advent building was standing. The complainant Bajaj intended to purchase one of the flats in the proposed building. An agreement to that effect was entered into between the complainant and the accused in March 1963 and it was agreed that flat No. 41 on the 4th floor admeasuring 1250 sq. ft. would be sold by the accused to the complainant. The complainant paid Rs. 2,500/ - to the accused on that occasion. In 1964, Bajaj filed suit No. 5108 of 1964 against Desai, the accused, for an injunction and certain other reliefs.

(3.) ANOTHER suit being suit No. 6127 of 1967 was also filed by the complainant against the accused. It is enough to state that the matter went to the Supreme Court and it was disposed of on certain consent terms. Among other consent terms, the accused was to give flat No. 62 of a larger area to the complainant instead of the original flat No. 41 with a smaller area. There were some other undertakings which were given. As these undertakings were not fulfilled by the accused, the complainant filed contempt proceedings in the High Court. As appears from Ex. B, the order dated 21st July 1970, the accused who was respondent No. 2 in that proceeding and the Advent Corporation Pvt. Ltd., who was respondent No. 1 were both held guilty of contempt of court and while respondent No. 1 was directed to pay a fine of Rs. 2,000/ -, respondent No. 2 viz. the present accused was directed to undergo S. I. for one day and to pay a fine of Rs. 500/ -.