NARESH KUMAR Vs. AVINASH CHAWLA

JUDGEMENT

(1.) THE applicant/complainant has filed the present application under Section 378(4) Cr.P.C. for the grant of special leave to appeal against the judgment dated 2.8.2014 passed by the Chief Judicial Magistrate, Hisar whereby both the respondents were acquitted of the charges under Section 420 read with Section 120 -B IPC.

(2.) THE facts, as stated in the complaint instituted by the applicant, were that he was Managing Director of Bhudhan Marketing Private Limited, Hisar. About a year ago, respondent Avinash Chawla approached him and stated that his family was having 1087 bighas of land in village Dungasara, District Guna, Madhya Pardesh, which they wanted to sell. The complainant held a meeting of the members of the Company, who liked the land. Before entering into agreement to sell, respondent Avinash Chawla talked to respondents Sushil Kumar Chawla as well as Shiv Kumar Chawla and Gulshan. Accordingly, aforementioned Avinash Chawla and another agreed to sell the land to the complainant at the rate of Rs.9,000/ - per bigha and the sale deed was to be executed within 14 months. Avinash Chawla received an amount of Rs.17,50,000/ - in the shape of cheque and on its basis executed sale deed of 55 bighas in favour of the Company of the complainant. The possession of the land was also handed over to the complainant.

(3.) THE further case of the complainant was that prior to execution of agreement to sell, Avinash Chawla had received Rs.17,50,000/ - by way of cheque and Rs.35,00,000/ - in cash. Similarly, Sushil Kumar Chawla had received an amount of Rs.9,00,000/ - and Rs.20,13,000/ - by way of cheques. In the month of June, 2006, the complainant learnt that the accused persons had entered into an agreement to sell the above said land with another person. On this, the complainant visited Guna (Madhya Pradesh) and learnt that the accused persons had executed a registered sale deed regarding some land out of the above said land in favour of the other party, besides handing over the possession. Thus, the accused had committed fraud and cheating with the complainant and grabbed his money.