HARISH BHAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is directed against the order passed by learned Magistrate First Class, Indore, in Criminal Case No.33926/2015 dated 13.10.2015, wherein the learned Magistrate after recording the statement of complainant and other witnesses passed an order of taking cognizance against the present petitioners under Sections 406 and 420 of IPC.

(2.) The relevant facts for disposal of this application are that complainant/respondent No.2 filed a criminal complaint before the Court of Judicial Magistrate, First Class, Indore stating therein that land under dispute bearing Khasra Nos.42/1, 42/2 and 43/1 having total area of 3.127 hectares was sold to the complainant by the recorded Bhumiswami Ayodhya Bai W/o late Ramchandra and Sanjay S/o late Ramchandra by an agreement of sale on 05.08.2004, the paper publication was made on 08.08.2004 by an advocate of the complainant. In response of which, one Sushilchand S/o Kaluram raised an objection alleging that the said land was already sold to him by the recorded Bhumiswami through an agreement to sale. On this, the complainant contacted the original owners Ayodhya Bai and Sanjay who assure them that agreement to sale with said Sushilchand was duly cancelled. The complainant made payment of token amount of Rs. 21,000/- and also he paid Rs.1,00,000/- to objector Sushilchand to compensate him due to cancellation of the agreement of sale in his favour. Even after that no sale deed was executed in his favour though the complainant was always ready and willing to make the payment of remaining amount. Meanwhile, the said Ayodhya Bai and Sanjay, who were accused Nos.1 and 2 in the complaint case, sold the land to accused Nos.4 and 5, who are the petitioners before this Court. The petitioners also published a notice in the newspaper and in response of which, the complainant filed his objection. When the petitioners contacted the said Ayodhya Bai and Sanjay, they denied that they had any agreement to sale with the complainant and also refused that they received any amount from him, and thereafter, complaint was filed against the petitioners as well as against Ayodhya Bai and Sanjay and one Goving Rawat, who acted as property broker for the deal.

(3.) It was also mentioned in the complaint that after coming to know that the land was sold to the petitioners, the complainant contacted them and asked to compensate him, but no compensation was paid, and therefore, the complaint was lodged under Sections 406 and 420 of IPC.