GHULAM AHMAD SOFI Vs. KH GHUIAM MOHD

JUDGEMENT

(1.) THIS is an application for quashing proceedings Under Section 420 of the Ranbir Penal Code taken against the petitioner.

(2.) THE respondent filed a complaint before the City Magistrate Srinagar alleging that there was an agreement between the petitioner and the respondent under which he was to sell a contract it timber for a consideration of Rs. 60,000/ -. It was alleged that the complainant paid the entire consideration to the petitioner, but is spite of that he did not sell the contract to the respondent and hence tree petitioner was liable for an offence Under Section 420, R. P. C.

(3.) I have perused the complaint, the statement of the complainant as also the agreement which is the basis of the complaint. The agreement clearly recites that the sale of the contract was to be effected only and only in July 1960 and if for any reason, the timber was not in a position to be floated by that date, the contract would stand cancelled and the petitioner will return the amount of money received by him from the respondent. It was further stipulated that it was for the respondent to obtain the necessary permission from the forest department for lifting of the timber. There was another provision by which the respondent was given a clear remedy for damages against the petitioner in case there was any breach of contract on the part of the petitioner.