Judgment

KHANNA, J. :- This appeal by special leave is directed against the judgment of Bombay High Court whereby that court set aside an order of acquittal made against the appellant in two cases and directed the trial magistrate to proceed with those cases in accordance with law.

2. Parmanand Jhaveri respondent No. 1 filed two complaints before the court of the Presidency Magistrate Girgaum against Ramesh Chandra J. Thakkar appellant and B. K. Shah on the allegation that the two accused persons had committed offences under Section 420, Indian Penal Code and Section 13 of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (Act 45 of 1963) (hereinafter referred to as the Maharashtra Act). In one of the complaints it was stated that the accused had agreed to sell two flats to the complainant, while in the second complaint there was a similar allegation regarding agreement on the part of the accused to transfer a third plot. The agreement, it was stated, had been entered into on February 11, 1967 and the possession of the flats was to be delivered to the complainant on December 31, 1967. According further to the com