RAM SINGH Vs. CHIMAN SINGH AND ORS

JUDGEMENT

(1.) Prayer in the instant petition under Section 482 Cr.P.C. is for setting aside the order dated 19.1.2007 (P1) passed by learned SDJM, Muktsar, discharging the accused respondents of the charges under Sections 420/120B IPC, as also for setting aside the order dated 6.10.2007 passed by learned Addl. Sessions Judge, whereby the revision filed by the petitioner against the said order dated 19.1.2007 was dismissed.

(2.) As per allegations made by the complainant/petitioner-Ram Singh, he had given a loan of Rs. 1 lac on interest @ 2% per month, to respondent Nos. 3 and 4 namely Gurtej Singh and Malkit Singh. As security against the said loan, the respondents had entered into an agreement to sell dated 16.8.2000 with the complainant/petitioner.

(3.) The respondents had allegedly orally agreed to repay the loan by 31.10.2000 and the date for execution of the sale deed was fixed as 4.1.2001. It is further alleged by the complainant that when the respondents did not repay the loan, he made enquiry with regard to the land which was subject matter of the aforesaid agreement to sell date 16.8.2000 executed by the respondents. According to the petitioner as per enquiry made by him, the land was not cultivable and the value of the same was between Rs. 35,000/- to 40,000/- per acre. It is grievance of the petitioner that at the time of execution of the agreement to sell dated 16.8.2000, respondents had told him that the value of the said land was Rs. 1.39 lac per acre. Thus, according to the complainant, respondents had committed a fraud with him. Accordingly, he filed a complaint under Sections 420, 120-B IPC, against the respondents in the Court of learned SDJM, Muktsar, which was dismissed vide impugned order dated 19.1.2007 (P1) and the revision filed against the same was dismissed by the learned Addl. Sessions Judge vide impugned order dated 6.10.2007 (P2). Hence the present petition.