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2018 Supreme(J&K) 545

SANJAY KUMAR GUPTA
Sanjeev Kumar Aggarwal – Appellant
Versus
Sunil Kumar Ram Pal – Respondent


Advocates Appeared:
For the Petitioners: Mr. K.K. Razdan

JUDGMENT :

1. Through the medium of instant petition, filed under Section 561-A Cr.P.C, the petitioner seeks quashing of Complaint titled Sh. Sunil Kumar Ram Pal Vs. Sanjeev Kumar Aggarwal sub-judice before the learned Additional Special Mobile Magistrate, R.S. Pura, Jammu, filed by the respondent against the petitioner and also the order dated 10th July, 2014, by virtue of which the learned Court ordered issuance of process against the petitioner.

2. The facts giving rise to the filing of the instant petition stated are that the respondent approached Sh. Subodh Kumar for the purchase of a vacant plot in the Industrial Area of Dehradun for a total consideration of Rs.45.00 lacs (Rupees Forty Five Lacs) and in pursuance to the said agreement, the respondent paid Rs.20.00 lacs (Rupees Twenty Lacs) and Rs. 25.00 (Rupees Twenty Five Lacs) in cheque to be encashed, subject to the transfer of the said plot after execution of the required documents. However, the said transaction could not mature for the reasons better known to the respondent herein the said Subodh Kumar, as such, it was agreed that the respondent shall handover the original documents of the said plot to the said Sh. Subodh


















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