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2009 Supreme(Online)(Chh) 77

CHHATTISGARH HIGH COURT
, J
Shekharesh Bhattacharya v. Sardar Charanjit Singh and Another


Advocates:
For the Appellant: Anant Bajpai
For the Respondents: Anup Majumdar, N. K. Vyas

1. The unsuccessful petitioner in criminal revision No. 668/1999 has preferred this petition under S.482 of the Code of Criminal Procedure (henceforth 'the Code') praying for dismissing the complaint and quashing the process which has been issued against him in criminal case No. 1172/1998 by the Judicial Magistrate First Class by order dated 26-10-1999.

2. Brief facts necessary to unfold the main issue in the petition are that the respondent No. 1 Charanjit Singh filed a complaint before the Judicial Magistrate First Class, Raipur alleging that he had agreed to purchase the land situated at plot No. 19/3, Block No. 19 in Civil Station, Raipur from the petitioner and his brother's son - respondent No. 2 on 5-7-1994. Under the agreement, the respondent No. 1 had initially paid Rs. 50,000/- to the petitioner and the respondent No. 2. According to the terms of the agreement, after getting the renewal of the lease of the property mentioned above, the petitioner and respondent No. 2 were required to inform the respondent No. 1. It was only thereafter that respondent No. 1 was required under the agreement to get a sale deed registered. On payment of Rs. 1,00,000/- by the respondent No. 1














































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