AJAY KUMAR KESHWANI Vs. HELENA DSOUZA

JUDGEMENT

(1.) THE learned JMFC, Jabalpur refused to take cognizance of any offence against non-applicant Nos. 1 to 7 by order dated 4-1-2001, on the complaint filed by these petitioners for offences punishable under Sections 406, 420 and 120-B of the IPC. The petitioners challenge to aforesaid order in Cr. R. No. 53/2001 stood negatived by IInd ASJ, Jabalpur, on 31-12-2001, therefore, the petitioners seek exercise of inherent powers, for this direction to the learned JMFC, Jabalpur, that cognizance of offence may be taken against the non-applicants.

(2.) AS per complaint on 13-3-2000, non-applicant Nos. 1 and 2, agreed to sell in writing their property situated at block No. 16, plot No. 17/6, Civil Lines, Jabalpur, comprising an area of 600 sq. ft. alongwith 4 shops and 4 rooms, and received an amount of Rs. 25,000/- each, with total of Rs. 50,000/-as advance in respect of aforesaid agreement. Non-applicant Nos. 1 and 2 agreed to get the sale-deed executed and registered within the period of three months from the date of agreement but just after a gap of 3 weeks only, they informed the complainant/petitioners, about their intention to sell the property to tenants of shops on higher price. On 7-4-2000, the petitioners laid a protest before Sub-Registrar on the basis of agreement dated 13-3-2000 entered into between the petitioners and non-applicant Nos. 1 and 2. The complainant/petitioners further served a legal notice on non-applicant Nos. 1 and 2. Yet, non-applicant Nos. 3 to 7, executed registered sale-deed of the aforesaid property in favour of non-applicant Nos. 3 to 7 and returned the petitioner's advance by a cheque. The petitioners lodged a report in this connection on 15-4-2001, at Police Station, Civil Lines, which did not take any action and hence the petitioners are constrained to file the complaint.

(3.) AS per para No. 5, of the complaint and statements of both the complainants, recorded under Section 202 of the Cr. PC, after execution of agreement dated 13-3-2000, these petitioners' complainants gave advertisement which was published in Dainik Bhaskar Daily Newspaper, Jabalpur, informing their willingness to sell the aforesaid property. It is stated by Barelal, the petitioner No. 2, in his statement, that the tenants who were occupying the shops situated on the aforesaid property, met the petitioners and were ready to purchase the shops from them, but the non-applicant Nos. 1 and 2 sold the property to non-applicant Nos. 3 to 7, without keeping their promise given in sale agreement dated 13-3-2000.