STATE OF M.P. Vs. DINESH JAIN

JUDGEMENT

(1.) THIS criminal revision filed by the State is directed against the order passed by learned Special Judge, Shajapur in Special Sessions Trial No.03/2008, State of M.R. v. Dinesh Jain dated 8.7.2014 whereby, learned Special Judge discharged the respondent from charge under section 420 of IPC.

(2.) EVEN after service of notice, none appeared on behalf of the respondent.

(3.) THE brief facts giving rise to this revision are that the complainant and the respondent jointly executed an agreement to sale in respect of some land which belongs to one Devi Singh. They agreed to purchase the land jointly from said Devi Singh. Subsequently, the land was transferred in pieces in the name of complainant and present respondent as directed by them or in the names of their wives. It is further alleged that, however, in respect of remaining land, respondent got the land transferred in his name on 28.9.2007 and thereby committed fraud on the complainant, who was partner of the respondent in the transaction. It is further alleged that when the registry of the disputed portion of land was being done, some dispute arose between them and, therefore, initially, charge -sheet was filed under section 294,323 and 506 part 2 of IPC and sections 3,2 and 10 of SC/ST (Prevention of Atrocities) Act. Subsequently, supplementary charge -sheet was filed against the present applicant under section 420 of IPC.