RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C praying for quashing of the order dated 06.12.2010 (P5) passed by the learned Additional Sessions Judge, Jalandhar on the ground that challan under Section 173 Cr.P.C in case FIR No. 235 dated 27.12.2008 under Section 406, 420 IPC, P.S. Nurmahal, District Jalandhar (P3) has been submitted in the trial Court by the local police of Police Station Nurmaha.

(2.) The aforesaid FIR was registered at the behest of the present petitioner against respondent No. 2. The allegations in the FIR were that the present petitioner entered into an agreement to sell dated 02.11.2006 with respondent No. 2 - Surjit Singh for purchasing the land. Earnest money was also paid by the petitioner in pursuance to the aforesaid settlement. Thereafter, instead of executing sale deed in favour of the present petitioner, the said Surjit Singh executed sale deed dated 04.02.2008 in favour of Sohan Singh. As such, allegation of fraud and cheating with regard to not returning the earnest money to the petitioner was levelled against respondent No. 2.

(3.) After investigation, challan was filed by the prosecution. However, the Judicial Magistrate Ist Class, Phillaur vide its order dated 25.09.2009 found that the dispute was of civil nature and no criminal offence was made out against respondent No. 2. Accordingly, respondent No. 2/accused was discharged. Aggrieved, the present petitioner filed revision petition against the aforesaid order dated 25.09.2009 passed by the JMIC. Phillaur. However, the Additional Sessions Judge, Jalandhar, vide its judgment dated 06.12.2010 dismissed the revision petition. Hence, the present petition has been filed under Section 482 Cr.P.C.