RAM GOPAL Vs. MANOHAR LAL

JUDGEMENT

(1.) THIS petition u/S. 482 Cr.P.C. has been filed on behalf of the petitioner against the order dated 28/07/2005 passed by the Court of learned Additional District & Sessions Judge, Bharatpur in Criminal Revision Petition No. 90/1997 whereby, the said revision petition has been dismissed and the order dated 01/05/1997 passed by the court of learned Additional Chief Judicial Magistrate No. 1, Bayana dismissing Criminal Complaint No. 18/1996 filed by the complainant -petitioner has been upheld.

(2.) THE facts giving rise to the filing of this petition in brief are that petitioner filed a complaint with the averments that respondent No. 1 agreed to sell a shop to the petitioner for sale consideration of Rs. 3,00,000/ - and Rs. 1,50,000/ - was paid in cash and rest of the amount was agreed to be paid on the date of registry and possession was also handed over to the petitioner but inspite of the insistence, the sale -deed was not registered in favour of the petitioner. Civil suit was filed in which temporary injunction was granted and to defeat the fruits of the property, respondent No. 2 has further sold the property to respondent No. 3 and thus, has cheated the petitioner. The court below has not properly considered the evidence of the petitioner, findings are perverse and ultimate loss has been caused to the petitioner hence, cognizance be taken against the respondents No. 1 to 3.

(3.) LEARNED Public Prosecutor has also adopted the same arguments as advanced by the counsel for respondents No. 1 to 3.