GHANSHAM SHARMA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The present petition lays challenge to the judgment dated 15.07.2009, passed by the Additional Sessions Judge, Panchkula, whereby the appeal preferred by respondent No. 2 (Kailash Chand), challenging the judgment of conviction and order of sentence dated 01.11.2006 and 02.11.2006, respectively, passed by the Chief Judicial Magistrate, Panchkula, convicting and sentencing the accused under Section 420 of Indian Penal Code (in short, 'IPC'), has been allowed.

(2.) The facts relevant for the disposal of the present petition are that the accused/respondent No. 2 (Kailash Chand Gupta) entered into an agreement to sell his plot measuring 3 biswas, being 3/170 share of total land measuring 8 bighas 10 biswas, comprised in khata No. 2/23, khasra No. 53, situated within the revenue estate of village Dharampur, Tehsil Kalka, District Panchukla, for consideration of Rs.1,28,000/-, vide agreement to sell dated 20.11.2002 in favour of the petitioner. An amount of Rs.40,000/- was paid towards earnest money in presence of the witnesses. The date i.e. 20.12.2002 was fixed for registration of the sale deed, after obtaining necessary permission from the Municipal Committee. However, the accused failed to get sale deed executed in compliance with the agreement to sell. Later, the petitioner came to know that the accused sold the plot in dispute to one Smt. Chiria Devi wife of Harinder Singh, resident of House No. 202- B, Police Lines, Sector 26, Chandigarh on 07.01.2003 without intimation the petitioner.

(3.) The petitioner filed a complaint under Section 420 of Indian Penal Code against the accused in the Court of Chief Judicial Magistrate, Panchkula. After recording preliminary evidence, the trial Court summoned respondent No. 2 to face trial. After conclusion of the trial, the Court held the accused guilty of committing offence punishable under Section 420 IPC and sentenced him accordingly.