BALWANT 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 court below, alleging therein that in respect of sale of an agricultural land, an agreement to sale was executed between the accused-petitioners and the complainant, mentioning therein that the execution of sale (registry) shall be done within a period of two years from the date of such agreement; as against the said agreement, the complainant paid to the petitioners an amount of Rs.5,57,000.00. And that, instead of making an endeavour to discharge the liability of execution of sale after receiving a huge advance money, the petitioners, with a view to cheat the complainant, instituted a revenue suit, by their wives and sons, in respect of the land in question; whereupon the said land was transferred in their favour, by way of a decree passed by the concerned Court.

(3.) Learned counsel for the accused-petitioners submitted that the averments made in the complaint lack substance, and was lodged with the intent to falsely implicate the 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 civil nature. And that, unless it proved that the accused-petitioners have deliberately or intentionally prevented themselves to abide by the terms of the agreement to sale, they cannot be charged with the alleged offences.