MURALIKANT JHANWAR Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) By this revision petition, the petitioner is challenging the order dated 16.4.2005 passed by learned Addl. Chief Judicial Magistrate, Nathdwara in Criminal Case No. 594/2004 whereby the learned Magistrate has discharged, accused non-petitioner for alleged offence under Section 420, I.P.C.

(2.) According to facts of the case, a complaint was filed in which it was alleged that the accused non-petitioner agreed to sell the shop situated at lalbagh Roadways Bus Stand, Nathdwara for a consideration of Rs. 3,00,000/- and out of the said amount a sum of Rs. 2,25,000/- was paid on 11.8.2003 and an agreement was also executed for the said sale. It is alleged that the remaining amount of Rs. 50,000/- was to be paid at the time of the registration. It is alleged by the petitioner that the accused non-petitioner refused to execute the registry in his favour and sold the same shop to the son of his sister Kalawati for a sum of Rs. 2,50,000 /-.

(3.) The said complaint was sent for investigation under Section 156(3) to the Police Station, Nathdwara and, after investigation, the police filed challan against accused non-petitioner for offence under Section 420, I.P.C.