KARUN MADAN Vs. VINOD KUMAR THAPAR

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Cr.P.C. seeking quashing of the orders dated 4.4.2000 (Annexure P4), passed by the Court of Judicial Magistrate 1st Class, Ludhiana, whereby the Court came to conclusion that no charge can be framed against respondent No. 1 -Vinod Kumar and had discharged him. The impugned order (Annexure P4) was made subject matter of the revision petition. The Revisional Court also concurred with the findings returned by the trial Court and held that no offence has been committed by respondent No. 1. In the present petition, the orders dated 4.4.2000 (Annexure P4), passed by the Court of Judicial Magistrate 1st Class, Ludhiana and the order of affirmation dated 5.5.2001 (Annexure P5), passed by the Court of Sessions Judge, Ludhiana, are being assailed.

(2.) THE grievance of the petitioner can be summed up from the complaint dated 19.12.1998 (Annexure P1). It is stated therein that accused/respondent No. 1 -Vinod Kumar had executed two agreements to sell dated 10.10.1997 and 3.4.1998 (Annexures P6 and P7), respectively, with the petitioner and received earnest money. As per the deal, the sale deed was to be executed on or before 31.10.1998 on payment of the balance sale consideration. The case of the petitioner is that instead of performing his part of the agreement, respondent No. 1 - Vinod Kumar had executed the sale deed dated 18.11.1998 (Annexure P8) in favour of respondent No. 2 -Ashok Kumar. It is stated that the breach of agreements to sell (Annexures P6 and P7) amounts to cheating as respondent No. 1 retained the earnest money, which was paid by the petitioner through cheque. Thus, according to learned counsel for the petitioner, respondent No. 1 had committed offence falling under Section 420 read with Section 120B IPC.

(3.) THE Revisional Court below upheld the above findings and observed as under: -