SURJA RAM Vs. STATE

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been preferred claiming the following reliefs:

(2.) As the pleaded facts and record would reveal, the genesis of the dispute is traceable to the complaint submitted by the respondent No. 2-complainant before the learned Additional C.J.M. No. 2, Bikaner, alleging therein that towards purchase of a land jointly held by the accused-petitioners, wherein they were having 1/3rd share, an agreement to sale, dtd. 30/12/2011, was executed between the parties, against which, the complainant paid to the petitioners an amount of Rs.3,11,000.00 and the remaining sale consideration was agreed to be paid at the time of execution of sale (registry); thereafter, on two different dates, an amount of Rs.2,00,000.00 each, was paid to the petitioners; and that the petitioners received a total advance sum of Rs.7,11,000.00 towards the sale in question. And that, despite repeated requests made by the complainant, the accused-petitioners failed to discharge their performance under the said agreement, and on 30/8/2012, sold the land in question to some third person, thereby committing criminal breach of trust, and cheating the complainant.

(3.) Learned counsel for the petitioners submitted that the averments made in the complaint are without substance, and the has been lodged with a clear motive to falsely implicate the present petitioners in a case of criminal nature, despite the fact that the complete chain of events clearly shows that the dispute in question is purely of a civil nature.