ORDER

T.P. Sharma, J.— By this revision under Section 397 read with Section 401 of the CrPC, the applicant has challenged legality and propriety of the order framing charge dated 13.9.2010 passed by the Judicial Magistrate First Class, Raipur in the matter of State v. Kishore Kumar Ganguly pending before the Court of Mrs. Kiran Thawait, Judicial Magistrate First Class, Raipur, whereby learned Judicial Magistrate First Class has framed charge against the applicant of the offence punishable under Section 420 of the IPC.

2. As per case of the prosecution, the applicant had executed an agreement in favour of complainant Mrs. Laxmi Manthani on 8.11.1990 relating to plot No.B28/7 area 50 ft. x 80 ft. situate at New Rajendra Nagar, Raipur and after obtaining Rs.50,000 towards full amount of sale, possession was handed over to the complainant. Sale deed was required to be executed on behalf of the applicant after obtaining necessary permission from the Raipur Development Authority (RDA). Both the parties were reluctant and in the meanwhile, the applicant has given special power of attorney in favour of brother-in-law (devar) of the complainant for execution of sale deed between 2000 and 2