MANJIT SINGH Vs. DALBIR SINGH AND OTHERS

JUDGEMENT

(1.) Respondents No.1 and 2 were tried for offence under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code, 1860 (IPC for short).

(2.) The trial Court, vide impugned judgment dated 16.9.2011, acquitted respondents No.1 and 2 of the charges framed against them. Hence, the complainant has filed this application under Section 378 (4) of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) with a prayer for grant of leave to file an appeal against the judgment dated 16.9.2011, whereby respondents No.1 and 2 were acquitted of the charges framed against them.

(3.) The case of complainant Manjit Singh, in brief, was that Hira Singh had contacted him qua sale of property bearing khasra No.307 min measuring 75 square yards. Hira Singh had told the complainant that accused Dalbir Singh was the real owner of the property and he wanted to sell the same. Complainant agreed to purchase the property at the instance of Hira Singh and an agreement to sell was executed by Dalbir Singh in favour of the complainant. The total sale consideration was Rs. 70,000/-. Out of the sale consideration, Rs. 40,000/- were paid towards earnest money to Dalbir Singh through Hira Singh. The sale deed was to be executed on or before 25.1.2003. The agreement to sell was executed in the presence of Gulzar Singh, Ajit Singh and others.