SANJEEV KUMAR AGGARWAL Vs. SUNIL KUMAR RAM PAL

JUDGEMENT

(1.) Through the medium of instant petition, filed under Section 561-A Cr.P.C, the petitioner seeks quashing of Complaint titled Sh. Sunil Kumar Ram Pal Vs. Sanjeev Kumar Aggarwal sub-judice before the learned Additional Special Mobile Magistrate, R.S.Pura, Jammu, filed by the respondent against the petitioner and also the order dated 10th July, 2014, by virtue of which the learned Court ordered issuance of process against the petitioner.

(2.) The facts giving rise to the filing of the instant petition stated are that the respondent approached Sh. Subodh Kumar for the purchase of a vacant plot in the Industrial Area of Dehradun for a total consideration of Rs. 45.00 lacs (Rupees Forty Five Lacs) and in pursuance to the said agreement, the respondent paid Rs. 20.00 lacs (Rupees Twenty Lacs) and Rs. 25.00 (Rupees Twenty Five Lacs) in cheque to be encashed, subject to the transfer of the said plot after execution of the required documents. However, the said transaction could not mature for the reasons better known to the respondent herein the said Subodh Kumar, as such, it was agreed that the respondent shall handover the original documents of the said plot to the said Sh. Subodh Kumar, returned fourteen lacs to the answering respondent herein, as the cheques of Rs. 25.00 lacs due to non-maturity of the agreement were not encashed. It was further agreed that after handing over the original documents of the plot to the said Sh. Subodh Kumar, the respondent will be entitled to receive the remaining amount of Rs. 6.00 lacs.

(3.) It is stated in the instant petition that the respondent did not choose to perform his legal obligation, i.e., he failed to return the original documents of the land/plot to the said Subodh Kumar for the reasons better known to the respondent and in consequences whereof, the respondent could not obtain the remaining amount of Rs. 6.00 lacs from the said Subodh Kumar, but the respondent by using his influence and power tried to sacrifice the petitioner at the alter of non-existing debt or liability. That the petitioner acting in good faith and without any consideration or interest and being known both, the so called seller and the purchaser were appointed as attorney to facilitate the transfer of paper by the said Sh. Subodh Kumar, as the said Subodh Kumar was residing at Delhi.