BHAWANI SHANKAR MISHRA Vs. JAGDISH PRASAD KHARE

JUDGEMENT

(1.) APPLICANT has filed this revision against the order dated 20.12.1999 passed by the Judicial Magistrate I Class, Jabalpur in Criminal (Complaint) Case No. 1086/1998 whereby the application filed by the applicant under section 245 of the Code of Criminal Procedure was dismissed.

(2.) BRIEF facts of the case are that non -applicant -complainant filed a complaint against the applicant in the Court of Magistrate alleging commission of the offence under sections 406, 419 and 420 of IPC by him, contending that after his retirement, when he wanted to start some business, applicant -accused contacted him and assured him that he would allot him a shop for the business as he was constructing the shops at Anjuman Islamiya Shopping Complex, Malviya Chowk, Jabalpur. It was assured by him that the complainant would enter into an agreement with Anjuman Islamiya Trust in pursuance of an agreement between him and the Trust, under which he was constructing many shops at Malviya Chowk. In view of the assurance, complainant entered into an agreement with the accused on 23rd of November 1991, to purchase one of the shops, i.e., shop No. 52 measuring 200 sq.ft. on the first floor. The agreement was executed and the complainant paid Rs.65,000/ - to accused in terms of the agreement. Complainant made payments time to time and ultimately amount of Rs.95,000/ - was paid to the accused by 30th of Match 1995 as full and final payment. As there had been some delay in payment of instalments, the accused asked complainant to pay Rs.5,000/ - more by way of interest, which he duly paid.

(3.) COMPLAINANT examined himself under section 200 of CrPC and witness Chandrapal Yadav under section 202 of CrPC and also tiled the copies of the agreement (Annexure A -1), copy of receipt of Rs.20,000/ - dated 30.3.1995 (Annexure A -2), copy of registered notice (Annexure A -3) and the copy of the report given to Superintendent of Police, Jabalpur (Annexure A -4).