NARESH KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed this revision petition against the order of acquittal of the respondents under Sections 442, 406, 120-B IPC. The trial Court had acquitted the accused Maya Ram and Man Bhari. The State and the complainant - Naresh Kumar had preferred an appeal against the acquittal of Maya Ram and Man Bhari.

(2.) This case was registered on a written complaint submitted by the complainant - Naresh Kumar to the Superintendent of Police, Yamuna Nagar on 14.07.2007 alleging that accused Maya Ram had approached him on 05.03.2007 to sell agricultural land situated in village Thiana. The petitioner asked him to show the relevant documents. The revenue record is also shown. An agreement to sell, accordingly, was executed between the complainant and the accused Man Bhari on 08.03.2007. Man Bhari had agreed to sell this land for a sum of Rs. 21,43,7407/-. A sum of Rs. 9,00,000/- was given by the complainant to accused Man Bhari as earnest money in the presence of witnesses. The sale deed was agreed to be executed on 31.03.2008.

(3.) Some part of the land was statedly mortgaged with the Bank. The respondents had agreed to get the land freed from all encumbrances before the date fixed and had also represented that there were no dues of any sort qua this land. The respondents took another sum of Rs. 3,70,000/- from the complainant for the purpose of repayment of loan in the presence of witnesses with the assurance that this amount would be adjusted at the time of final execution of the sale deed.