MOOL CHAND GARG, J

Oral

1. This Criminal Revision Petition has been filed by the petitioner against the order dated 12.08.2009 passed by Learned Metropolitan Magistrate, New Delhi in C.C. No.97/2009 whereby an application filed by the petitioner under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) has been dismissed vide order dated 12.08.2009.

2. Briefly stating the facts of this case are that the petitioner came to know that respondent No.3, who is a builder had been constructing an Apartment block namely Gaffar Apartments block in Village Satbari, Mehrauli, New Delhi and that those flats were nearing completion and were available for sale. In these circumstances, the petitioner entered into an agreement to purchase a flat from respondent No. 3 through respondent No. 4 for a total consideration of Rs.16,00,000/-. An amount of Rs.1,50,000/- was paid by the petitioner in advance. He also paid some more money to respondent No.3 towards commission etc. It is his case that later on the petitioner came to know that the said flat was sold by respondent No.3 to someother person. Thus, he wanted refund of his payment, which was not done by respondents No.3 & 4.

3. I