JUDGMENT

Vinod S. Bhardwaj, J. - The instant appeal has been filed against the judgment dated 28.11.2014, passed by the Judicial Magistrate Ist Class, Ambala, whereby the Magistrate has dismissed the Criminal Complaint bearing No.228 dated 28.03.2012, titled as 'Rameshwar Vs. Gian Chand' and acquitted the respondent of the notice of accusation served upon him.

2. Before adverting to the merit of the instant case, certain facts as are necessary to be referred to for appreciation of the appeal are being extracted as under:-

2.1 The appellant-complainant, who is permanent resident of Ambala City, claims to have friendly relationship with the respondent-accused, who is partner in M/s Shiv Shakti Trading Company. The respondent-accused insisted the appellant-complainant to purchase his house measuring 282 Sq. Yards, which is part of khasra no.11/15 situated at Village Soundha, Tehsil and District Ambala for a total sale consideration of Rs.14,00,000/-.

2.2 The appellant-complainant agreed to purchase the said house and an agreement to sell dated 21.03.2011 was thereafter executed between both the parties. The respondent-accused received an amount of Rs.12,00,000/- as earnest money and agree