ORDER :- This revision application is filed challenging the order of the Additional Sessions Judge, Greater Bombay, dated 15th March 1977 setting aside the order of the learned Metropolitan Magistrate, 23rd Court, Esplanade, Bombay, dated 27th August 1975, by which the learned Magistrate had passed an order of discharge in favour of the accused-revision petitioner under S. 245 (1) of the Cr. P. C., 1973.

2. The facts giving rise to this revision application are briefly these : The accused-revision petitioner Praveen Desai is a Managing Director of what is known as "Advent Corporation Pvt. Ltd." In that capacity he had constructed a building called "Advent" at 12-A, Foreshore Road, Bombay. In 1962, the accused wanted to construct another building known as "Divyaprabha" on a vacant portion of the plot on which the Advent building was standing. The complainant Bajaj intended to purchase one of the flats in the proposed building. An agreement to that effect was entered into between the complainant and the accused in March 1963 and it was agreed that flat No. 41 on the 4th floor admeasuring 1250 sq. ft. would be sold by the accused to the complainant. The complainant paid Rs. 2,500/- to

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