LEKHRAJ SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have preferred this Criminal Misc. Petition seeking quashing of FIR No.407/2018 registered at Police Station Bajaj Nagar, Jaipur City (East) for offence under Ss. 420, 406, 467, 468, 471 and 120-B IPC.

(2.) The factual matrix of the case in brief are that FIR No.407/2018 was lodged at Police Station Bajaj Nagar, Jaipur City(East) wherein it was alleged by the complainant-respondent that Petitioner No.l approached the complainant to sell his agricultural land and the house constructed thereon. The sale consideration was Rs.1,25,00,000.00. Thirteen cheques were given to the petitioner and the original registry was handed over to the complainant. It is also mentioned that the petitioner delayed the execution of the registry and sought time on one ground or the other. As petitioner did not execute the sale-deed, complainant became doubtful and on inquiry it was revealed that the property was mortgaged with the Bank and that petitioner prior to the agreement had surrendered the land to the Municipal Council, Bandikui, District Dausa and had obtained patta of the disputed land.

(3.) It is contended by the counsel for the petitioners that the dispute, if any, is of civil nature, no cause of action has arisen in the territorial jurisdiction of Police Station Bajaj Nagar, Jaipur. Petitioner was willing to refund the amount and has depositedRs.31,25,000/- with the Registrar (Judicial) of this High Court.