This petition under Section 482 of CrPC has been filed against the order dated 24.01.2013 passed by IV Additional Sessions Judge, Gwalior in Criminal Revision No.481/2012 by which the order dated 08.05.2012 passed by Chief Judicial Magistrate, Gwalior in Criminal Case No. 4043/2012 was affirmed.

2. The necessary facts for the disposal of this application are that a FIR was lodged by the complainant/respondent No.2 on 28.02.2010 alleging therein that the applicant is engaged in the business of sale of second hand vehicles. The complainant had agreed to purchase two old Maruti 800 cars and, therefore, he had given Rs. 1,50,000/- to the applicant. The applicant had given the original papers of the said cars but the delivery of the vehicles was not given on the ground that some repairing works are still required to be done. However, even after passing of about 2 years neither the applicant has refunded the amount nor has given the delivery of two old Maruti 800 cars.

3. On the application of the applicant, the matter was also inquired into by the CSP Jhansi Road, District Gwalior. The CSP by its report dated 15.06.2010 held that although the complainant has stated that he had p