PUSHPINDER KUMAR Vs. UT OF J&K

JUDGEMENT

(1.) Petitioner is aggrieved and has challenged FIR No. 10/2021 registered by the Police Station, Litter, Pulwama for offences under Sections 420, 403,406, 468, 506 IPC pursuant to an application moved before the learned Chief Judicial Magistrate, Pulwama in terms of Section 156(3) of the Code of Criminal Procedure.

(2.) The impugned FIR has been assailed by the petitioner primarily on the ground that dispute between the petitioner and the respondent No. 2 is a civil dispute governed by the written instrument i.e. agreement to sell executed between the parties on 13th October, 2020. It is argued that a failed civil transaction between the petitioner and the respondent No. 2 has given birth to this uncalled for and frivolous FIR registered against the petitioner by having resort to Section 156(3) of Code of Criminal Procedure. Learned counsel appearing for the petitioner has taken me through the various terms and conditions of the agreement to sell and submits that agreement to sell could not be given effect to because of the failure of the respondent No. 2 to perform his part of the contract i.e. deposit of sale consideration of Rs. 6.20 crores in the loan bank account of the Unit of the petitioner. He, therefore, he submits that because of the failure on the part of the respondent No. 2 to perform his part of the contract, further progress in terms of the 'agreement to sell' could not be made. The respondent No. 2 instead of adhering to the terms and conditions of the agreement to sell has indulged in arm twisting and has filed the impugned FIR.

(3.) Having heard learned counsel for the petitioner and perused the record.