GIRJESH SONI Vs. RADHESHYAM GURU

JUDGEMENT

(1.) The applicant has moved a petition under section 482 of the Cr.P.C. against the order dated 16.6.2010 passed by the learned 5th Additional Sessions Judge, Sagar in criminal revision No.62/2010, whereby the order dated 29.1.2009 passed by the learned Chief Judicial Magistrate, Sagar in a complaint case No.203/2007 was confirmed, whereby he framed the charges of offence punishable under section 420 of IPC against the applicant.

(2.) The facts of the case, in short, are that, the respondent No.1 has lodged a criminal complaint against the applicant and other two persons that in the year 1988, the respondent No.1 was interested to purchase a plot in Makroniya area of Sagar city. It was informed to him that the applicant was developing a colony Jyoti Nagar in that area. He was developing the colony in the land bearing survey No.95/01. The applicant informed him that one plot having size 30 X 50 Square feet was available and a contract took place between the parties. On 30.5.1988, a sale deed was executed and it was executed by the co-accused Leeladhar and Champa Bai because the plot was in the names of those two persons and possession was given to the respondent No.1. He constructed a house on that plot. In the year 1999, one Prem Kumar informed him that he had purchased that plot adjacent to the plot of the complainant but, the particulars of the plot purchased by the respondent No.1 were the same as to Prem Kumar. When the complainant went to the applicant, a modification deed was certified with the help of the co-accused Leeladhar and Champa Bai and the complainant was assured that the meets and bounds of the plot as mentioned in the sale deed dated 30.5.1988 shall remain same. In the year 1998, Prem Kumar had lodged a civil suit, which was decreed with the direction that the house of the complainant be demolished and possession of the plot be handed over to Prem Kumar. Both the applications filed by the complainant were dismissed and ultimately, it was found that the plot was owned by Prem Kumar. Under such circumstances, the complainant has lodged a criminal complaint against the applicant and other two accused persons. The complaint was registered and the evidence before charge was adduced. Thereafter, the learned Chief Judicial Magistrate found that prima facie, no offence punishable under sections 418, 423, 469 or 468 of IPC is made out against the applicant but, offence punishable under section 420 of IPC shall constitute with the help of section 34 of IPC.

(3.) I have heard the learned counsel for the parties.