SHEIKH ISMAIL Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant/accused has filed this criminal revision under Section 397/401 of Code of Criminal Procedure being aggrieved by the order dated 20-09-2013 passed by the Court of Additional Sessions Judge, Piparia in ST No. 09/2013 framing the charges under Sections 420, 467 and 468 of IPC.

(2.) As per the allegations of the complaint which was filed by respondent No. 2/complainant, a contract for sale of a plot situated at Lohia Ward, Piparia admeasuring 30x60= 1800 Sq. ft for a consideration of Rs. 80,000/was made by the applicant/accused on 03-03-1994 after receiving the part payment of Rs. 10,000/. After the said agreement of sale, the father of the applicant/accused Abdul Suhan, now deceased executed a registered sale deed dated 20-12-1994 in favour of the complainant/respondent No.2 after receiving the remaining consideration of Rs. 8,000/. After registration of the sale deed, the said plot ie, the same was sold by the applicant-accused to another person namely Sabir Irani. When the complainant/respondent No. 2 went to the said plot on 02-03-2011 purchased by him from the applicant/accused and his father, it was found that the said land had been purchased by Sabir Irani three or four months before ie., 02-03-2011 from the applicant-accused. In this manner, the applicant/accused cheated the complainant by receiving a sum of Rs. 18,000/and executing a fake and forged documents in favour of Sabir Irani. A private complaint filed by the respondent/complainant was sent by the Judicial Magistrate First Class under Section 156(3) of Cr.P.C for registration of the offence and investigation of the same. After investigation, the charge-sheet was filed.

(3.) Learned counsel for the applicant/accused submits that the impugned order passed by the learned Trial Court is contrary to law as there is no sufficient evidence on record against the applicant/accused for framing the said charges. Learned Counsel further submits that it is a case of civil nature.