LAWS(P&H)-2013-1-678

AMNINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER

Decided On January 10, 2013
AMNINDER SINGH Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) Failure to execute an agreement to sell has led to filing of this criminal proceedings. The petitioner accordingly has approached this court for quashing of the FIR and all subsequent proceedings on the ground that no offence of cheating as alleged against the petitioner would prima-facie be made out from the facts and the allegations as made in the complaint.

(2.) Respondent No.2 complainant had executed one agreement to sell dated 27.9.2011 with the petitioner in regard to land measuring 2 kanals 101/2 marls situated in a village in Roopnagar District. The petitioner paid an amount of Rs. 19,45,000/-. December 27, 2011 was fixed as the date for executing the sale deed. The total sale price agreed was Rs. 21,45,000/-. The agreement was scribed by Deed Writer at Tehsil Complex Roopnagar and was witnessed by some witnesses. Respondent No.2 endorsed his signatures in English. Copy of the agreement is on record as Annexure P-2.

(3.) The petitioner would allege that respondent No.2 has turned greedy on account of increase in price of the property. He started bargaining for sale of this property with some other people.