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2016 Supreme(Chh) 130

P.SAM KOSHY
Rajesh Upadhyay, S/o Late K. R. Upadhyay – Appellant
Versus
Sandeep Mathur, S/o Late S. S. Mathur – Respondent


Advocates Appeared:
For the Petitioner:Mrs. Fouzia Mirza, Advocate
For the Respondent:Mr. Shikhar Sharma, Advocate, Mr. Arvind Kumar Dubey, Advocate

ORDER :

1. The present petition under Section 482 of CrPC has been filed challenging the order dated 8.2.2016 passed by the Additional Sessions Judge, Durg in Criminal Revision No. 000016 of 2016, whereby the Revisional Court has dismissed the revision preferred by the Petitioner upholding the order of the Judicial Magistrate First Class, Durg in an unregistered complaint case on 9.12.2015 rejecting the complaint preferred by the Petitioner against the Respondents registering a case for the offence under Sections 406, 418, 420, 467, 468, 471 and 120(B) of IPC.

2. For considering the issue involved in the instant petition, the brief facts relevant are that the Petitioner/Complainant had entered into an agreement for sale with Respondent No.1 on 7.1.2013 in respect of purchase of around 4000 sq. ft. of land for a sale consideration of Rs. 40 Lakh. On 7.1.2013 they had entered into an agreement in the presence of two witnesses and the Petitioner also gave an advance amount of Rs. 10 Lakh at the time of the execution of the agreement to sale and it was agreed that the remaining part of the amount i.e., Rs.30 Lakh shall be paid at the time of the execution of the sale deed.

3. According to


















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