SHARIF HUSSAIN RAJA Vs. PRATAP SINGH PAWAR

JUDGEMENT

(1.) The petitioner has invoked extra ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, being aggrieved by order dated 11.7.2011 passed by II Additional Sessions Judge, Sehore whereby the order of taking cognizance under Section 420 of IPC against this applicant passed by the Judicial Magistrate First Class, Sehore, was affirmed, with a prayer for setting aside the aforesaid order and further prayer for quashment of the private complaint pending against the applicant.

(2.) Facts, in short, giving rise to this petition are that the respondent/complainant has filed a private complaint against this applicant in the Court of Judicial Magistrate First Class, Sehore with an allegation that applicant has entered into an agreement for sale of agricultural land situated in Village Ramgadh, Post Birjisnagar, Tahsil Sehore bearing Khasra No. 99, 110, 111 admeasuring 114 acres for total consideration amount of Rs. 17,09,000/, out of which Rs. 4 lacs has been given as advance. It was further pleaded that applicant told respondent that he is having a power of attorney of real owner. On the basis of the aforesaid statement of the applicant, respondent believed him and gave Rs. 4 lacs as advance and asked him to execute the sale deed but applicant intentionally avoided the execution of sale deed. Thereafter, the respondent came to know that the applicant has no power of attorney executed by the real owner in his favour. It is further pleaded that applicant dishonestly induced the respondent to deliver the advance of Rs. 4 lacs and thereby he deceived him. Initially, learned Judicial Magistrate First Class recorded the evidence under Section 202 of the Cr.P.C. (AnnexureA/2) and dismissed his complaint. Thereafter, respondent/complainant had filed the revision petition before the Sessions Court and same was allowed vide order dated 10.5.2010 (AnnexureA/6). Against the aforesaid order, the applicant had filed a criminal revision No. 922/2010 before this Court and same was allowed vide order dated 28.9.2010. The order passed by the Additional Sessions Judge was set aside and also directed the Sessions Court to rehear the revision petition filed by the respondent.

(3.) In compliance of the order of this Court, the Additional Sessions Judge heard the revision petition and allowed the same vide order dated 8.11.2010 and learned Magistrate was directed to conduct further inquiry. Thereafter, learned Magistrate took the cognizance under Section 420 of the IPC against this applicant vide order dated 28.3.2011. Being aggrieved by the aforesaid order, the applicant has preferred this revision petition before the Sessions Court which was dismissed vide order dated 11.7.2011. Hence this petition.