RAKESH KUMAR KEDIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this revision petition aggrieved by order dated 10.07.2018, passed by Additional Sessions Judge No.12, Jaipur Metropolitan, Jaipur whereby revision petition filed by the respondent was allowed and order dated 27.10.2016 passed by Metropolitan Magistrate No.11, Jaipur Metropolitan, Jaipur was set aside.

(2.) It is contended by counsel for the petitioner that complainant agreed to purchase flat No.201 which was approximately 2000 square feet. He paid Rs. 11,22,500/- through five cheques, the flat was sold at the rate of Rs. 16.50/- per square feet. Complainant was not able to pay the balance amount, he being related to the petitioner, petitioner agreed to give three plots in the name of wife and two sister-in-laws of Naresh Gupta, Director of Shivam Drugs Pvt. Ltd. It is contended that relatives of Naresh Gupta gave affidavit which was notarized and the affidavit bears the photographs and the details of cheques which were originally given by the complainant for purchase of flat.

(3.) It is contended that the amount of Rs. 11,22,500/- was paid in December, 2005, present complaint was filed in August, 2008. No suit for specific performance was filed by the company. There is no mention in the complaint about the total value of the flat and as to why the balance amount was not paid by the complainant.