JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. The applicant takes exception to the judgments and orders of conviction of the learned Judicial Magistrate First Class (Court No.16), Aurangabad, in SCC.No.3149 of 2019, dated 06.05.2022 and confirmed in Appeal No.69 of 2022, dated 16.11.2022 by the learned Additional Sessions Judge, Aurangabad.

3. The "applicant" would be referred to as an "accused" and the "respondent" as the "complainant" for convenience.

FACTS:

The complainant had a case that the accused approached her through estate broker Shri. Bhimchand Govindrao Desai to purchase her landed property situated at Dhanegaon, Taluka Gangapur. After negotiation, the consideration was agreed upon and settled at Rs.56,50,000/-. An agreement to sale was also executed, and the mode of payment was by cheque. Hence, cheque numbers were written in the agreement. However, the accused did not sign the agreement. She, the broker and another witness signed it. The original agreement was handed over to the accused, and its copy was retained. The sale was to be executed within two months. Before executing the sale deed, the accused requested the com