RAMESH KUMAR NAPA Vs. IQBAL KRISHAN SHARMA

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 23.09.2015 (Annexure P-12) passed by learned Civil Judge (Junior Division), Hisar whereby the application filed by petitioner/defendant for dismissal of the suit filed by respondent-plaintiff, keeping in view the compromise arrived at between the parties, has been dismissed.

(2.) Briefly the facts of the case are that the petitioner-defendant entered into an agreement to sell dated 29.6.2011 with respondent-plaintiff relating to plot bearing No. 598 measuring 6 Marla situated at Sector-5, Hansi, District Hisar. The petitioner-defendant even received a sum of Rs. 3 lacs as earnest money. As per case of the petitioner, he was always ready and willing to perform his part of contract and even called upon the respondent by virtue of legal notice dated 15.2012 but respondent-plaintiff did not turn up to get the plot transferred in his name. However, an FIR bearing No. 319 dated 4.2012 under Section 420 IPC was registered at Police Station City Hisar against the petitioner-defendant in which challan was presented and ultimately the petitioner was held guilty vide judgment dated 20.7.2013 for commission of offence punishable under Section 420 IPC and was sentenced to undergo simple imprisonment for a period of one year with a fine of Rs. 500/-. Petitioner also filed a criminal complaint under Sections 452, 323, 506/34 IPC and Sections 3 and 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'The SCST Act') against respondent before the Court of Chief Judicial Magistrate, Hisar, which was pending adjudication at the time of passing of judgment dated 20.7.2013. Against this judgment of conviction and order of sentence, petitioner filed a criminal appeal in the Court of Additional Sessions Judge, Hisar. The respondent-plaintiff also filed civil suit in the Court of Civil Judge, (Junior Division), Hisar for recovery of Rs. 8, 29,500/- against the amount of earnest money of Rs. 3 lacs paid by the respondent to the petitioner. Written statement to the suit was filed by the petitioner-defendant.

(3.) Three rounds of litigation were pending in different Courts between the same parties i.e. (i) criminal complaint filed by the petitioner against the respondent, (ii) criminal appeal filed by the petitioner against judgment of conviction and order of sentence and (iii) civil suit for recovery filed by the respondent against the petitioner.