SULTAN KHAN AND OTHERS Vs. MOHAMMED SABIR

JUDGEMENT

(1.) By way of instant petition under Sec. 482 of the Code of Criminal Procedure, the petitioner has challenged the order of Judicial Magistrate No.2, Jodhpur dated 12.12.2000, whereby he has taken cognizance against the petitioners for offence under Sec. 420 IPC.

(2.) It is alleged that the petitioners, herein, inspite of executing agreement to sale and receiving the consideration amount have refused to execute sale-deed and thereby committed fraud with them. It is also alleged that instead of executing the sale-deed, the petitioners have engaged the complainant in a civil suit.

(3.) On careful consideration of the entire matter, I am of the view that the entire dispute being of civil nature, the learned Judge has committed error in taking cognizance against the petitioner for offence under Sec. 420 IPC. The Apex Court in the case of Nagesh Prasad, reported in 1998 Cr.L.R. (SC) 670 has held that in case of agreement to sale, acceptance of advance money and non-execution of agreement to sale and thereby a breach of agreement does not constitute a criminal liability under Sec. 420 Penal Code and that such a dispute is purely of civil nature. In the said case, the Apex Court saddled the complainant with costs.