JITENDRA VYAS Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioner assailing the order dated 7.9.2012 passed by the learned Additional Sessions Judge No.1, Bikaner in revision whereby the revisional court affirmed the order dated 2.1.2012 passed by the learned Additional Chief Judicial Magistrate No.2, Bikaner in criminal case arising out of FIR No.56/2006 registered at the PS Sadar, Bikaner taking cognizance against the petitioner for the offences under Sections 420 and 406 IPC.

(2.) Facts in brief are that the complainant respondent No.2 filed a complaint in the court of the learned ACJM No.2, Bikaner which was forwarded to the Police under Section 156 Cr.P.C. It was alleged by the complainant that he had entered into an agreement to purchase 5000 sq.yards of land from the petitioner @ INR 560 per sq.yard vide an agreement dated 13.4.2005. As per the complainant, he paid a sum of INR 2 lacs as advance to the accused petitioner. The accused whilst executing the agreement depicted himself to be the absolute owner of the land in question. The complainant thereafter repeatedly requested the accused to execute a registered sale deed but noticed that the accused was evading the issue. A notice was sent to the accused for executing the sale deed but despite receipt of notice, the accused failed to comply with the terms and conditions of the agreement.

(3.) The Police investigated the matter and submitted a Final Report in the matter. The complainant respondent No.2 filed a protest petition and contested the negative Final Report. The complainant examined himself and some witnesses under Sections 200 and 202 of the Cr.P.C. The trial Court vide order dated 2.1.2012 rejected the negative Final Report and took cognizance against the petitioner for the above mentioned offences. The petitioner challenged the order taking cognizance by way of a revision and the revisional court too affirmed the order of cognizance and rejected the revision. Hence, this misc. Petition.