Manoj Jain vs State of M. P. - 2014 Supreme(MP) 718

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(MP) 718

B.D.RATHI
Manoj Jain – Appellant
Versus
State of M. P. – Respondent

Advocates Appeared:
For the Appellant :Arvind Dudawat, Advocate
For the Respondents:R.K. Awasthy, Public Prosecutor and Devendra Sharma, Advocate

Judgment:

1. Petitioner has filed this petition by invoking the powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") for seeking a relief that the impugned order dated 13-5-2013 (Annexure P-1) passed by the Judicial Magistrate, First Class, Gwalior under Section 156(3) of the Code be quashed and the FIR registered in compliance of the above mentioned order as Crime No. 118/2013 at Police Station Vishwavidayalaya, Gwalior for the offence punishable under Sections 420 and 406 of IPC (Annexure P-2) also be quashed. The facts in brief are that as per the allegations made in the private complaint filed by the respondent No. 2, an agreement of sale was executed by the petitioner in favour of the respondent No. 2 and in pursuance of it, a sum of Rs. 2,00,000/- was paid as a token of advance of the sale consideration and a receipt for the same was also issued, but neither the sale-deed was executed nor the advance money was returned back, therefore, the private complaint was submitted by alleging that the petitioner has committed the offence of criminal breach of trust.

2. Having regard to the arguments advanced by the learned Counsel for the