DEEPA Vs. STATE OF M. P.

JUDGEMENT

(1.) Heard.

(2.) The petitioner has filed the present petition under Section 482 of Cr.P.C. against the order dated 02.06.2016 passed by JMFC, Indore and order dated 02.04.2019 passed by ASJ, Indore whereby the criminal complaint filed under Section 200 of Cr.P.C. as well as Criminal Revision, both have been dismissed, respectively. The petitioner filed a complaint under Section 200 of Cr.P.C against the respondent under Sections 405, 406, 415, 417, 418, 420, 425 and 426 of IPC. According to the applicant, she entered into an agreement to sale dated 27.10.2013 with respondent no.2 for purchase of Flat No.G-1, constructed on Plot No.62, Shri Krishna Avenue, Face-III, Village Limbodi, Indore in Rs.12 Lacs. She paid Rs.3,00,000/- in advance vide cheuqe nos.32813, 32811 and 696701 and agreed to pay the balance amount of Rs.9,00,000/- on or before 25.01.2014. According to the applicant, she was ready and willing to pay the balance amount and prepared the sale deed and waited in the office of the Registrar for execution of sale deed, but the respondent did not turned down to execute the sale deed, therefore, she has been cheated by respondent no.2, hence, he is liable be punished.

(3.) The learned trial Court recorded the statement of the applicant and other witnesses and thereafter, directed the SHO, Police Station Tejajinagar, Indore to submit a report and who submitted its report dated 24.04.2017 to the effect that the dispute is purely of civil in nature between the parties. After examining the report and other evidence and complaint, vide order dated 02.06.2017, the JMFC, Indore has dismissed the complaint. Being aggrieved by the aforesaid order, the applicant preferred a criminal revision before the Sessions Court and vide order dated 02.04.2019, the revision has also been dismissed, hence, the present petition before this Court. I have heard the learned counsel for the applicant and perused the impugned orders.