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2022 Supreme(J&K) 656

SANJAY DHAR
Bahu Builders and Traders Jammu Pvt. Ltd. – Appellant
Versus
J&K Dharmarth Trust – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Gagan Basotra, Sr. Advocate with Ms. Navdeep Kour, Advocate
For the Respondents: Mr. Ashwani Thakur, and Mr. Satinder Gupta, Adv.

JUDGMENT :

The petitioner has challenged order dated 11th March, 2017 passed by the Additional Sessions Judge, Jammu (hereinafter referred to as “the Revisional Court”), whereby the revision petition filed against order dated 20th July, 2015 passed by the learned Municipal Magistrate, Jammu (hereinafter referred to as “the trial Magistrate”) has been dismissed. It is pertinent to note here that vide order dated 20th July, 2015 passed by the learned trial Magistrate, the criminal complaint filed by the petitioner against the respondents was dismissed by exercising his powers under Section 203 of the Code of Criminal Procedure.

2. It appears that the petitioner had filed a criminal complaint against the respondents before the trial Magistrate alleging commission of offence under Sections 406/409/481/420/467/468/120-B RPC. It was alleged in the complaint that on 5th April, 1995, an agreement was executed between respondent No.1 and petitioner, whereby a building was proposed to be constructed as per the specifications, drawings and plans prepared by respondent No.1. A supplementary agreement was executed between the petitioner and respondent No.1 on 3rd September, 1996. It was alleged i

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