2005 (10) TMI 602

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.... Ejaz Maqbool, Adv. ORDER 1. Respondent, Gopi Singh, filed a criminal complaint against the Petitioner herein complaining of an offence Under Section 406, 420, Indian Penal Code According to the complaint, the Petitioner has a property in Delhi in respect of which he entered into an agreement to sell in favour of the Respondent for a consideration of Rs. 4.50 lakhs. An amount of Rs. 3.50 lak....

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.... that it was a pure and simple case of breach of an agreement to sell creating civil liability between the parties and the appropriate remedy of the Respondent was to file a civil suit for specific performance of the agreement and not to file a criminal complaint. The learned Judicial Magistrate First Class directed the complaint to be dismissed leaving the civil remedy open to the Respondent. ....

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....his Court also directed a notice to issue to the Respondent to show cause why the complaint itself be not directed to be quashed in view of the dispute being of civil nature. The Respondent has appeared and filed a response. 6. We have perused the pleadings of the parties, the complaint and the orders of the learned Magistrate and the Session Judge. Having taken into consideration all the mater....

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....as not competent to enter into an agreement to sell or could not have transferred title in the property to the Respondent. Merely because an agreement to sell was entered into which agreement the Petitioner failed to honour, it cannot be said that the Petitioner has cheated the Respondent. No case for prosecution Under Section 420 or Section 406 of the Indian Penal Code is made out even prima faci....