NARPAT SINGH Vs. SAMPOORAN SINGH

JUDGEMENT

(1.) THE petitioner has filed this petition under section 482 of the Code of Criminal Procedure for quashing the order dated 24.6.1999 passed by the Learned Additional Sessions Judge, Indore in Criminal Revision No. 179/99 against the dismissal of revision filed by the petitioner against respondent No. 1 against the order passed by Judicial Magistrate, First Class, Indore in Criminal Case No. 0/99 on 26.6.1999 dismissing private complaint.

(2.) I have heard the petitioner and Shri S. Abhyankar, learned counsel for Respondent No. 1. None appeared for respondent No. 2 -State. The submission of the petitioner is that he had filed a private complaint under sections 406, 420, 467, 468 and 471 IPC before the Judicial Magistrate, First Class, Indore on the ground that respondent No. 1 entered into settlement on 8.2.1989 for sale of House No. 28 situated at Vishnupuri Annex., Indore to the petitioner and took huge amount from the petitioner and promised the petitioner that in view of that money he will handover the vacant possession of the house by completing registration formalities in favour of the complainant/petitioner.

(3.) THE petitioner has cited the decision reported in the case of S. Ganapathy Konar v. The State (1994 CriLJ NOC 328 : Madras;) in which it has been held that ''in a case of cheating for the purposes of dishonest intention, accused showing intention to sell property and asking complainant whether he wants to purchase it, complainant believing his words paying substantial amount as earnest money, on the very next day accused seller executing sale -deed in favour of others, this fact shows dishonest intention of the accused. As such complainant first purchaser can initiate criminal proceedings and need not seek only civil remedy of suit for specific performance''.