RAMESH S/O. NAVJIBHAI BHAGAT Vs. DHUNESHWAR S.P.PETHE & ORS.
HIGH COURT OF BOMBAY (AT: NAGPUR)
Ramesh S/O. Navjibhai Bhagat
Dhuneshwar S.P.Pethe And Ors.
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INDIRA JAIN,J. -
(1.) By these two applications under Section 482 of the Code of Criminal Procedure, applicants are challenging the common judgment and order dated 16.5.2012 passed by the learned Additional Sessions Judge, Nagpur in Criminal Revision Application Nos.492/2010 and 493/2010.
(2.) The facts giving rise to the applications may be stated, in brief, as under :
(a) Applicants Jadavlal and Ramesh are the original complainants. At the relevant time, non-applicant nos.2 and 3 were the members and non-applicant no.1 was Chairman of a registered society M/s. Ma Sharda Housing Agency. The grievance of complainants is that non-applicant nos.2 and 3 influenced them to purchase an undeveloped plot from non-applicant no.1-agency.
(b) On 11.10.2000, agreement of sale of a plot situated at mouza Wathoda was entered into and each of applicants parted with huge amount of Rs. 4,77,000/- out of the total consideration of Rs. 5,23,000/- and Rs. 10,34,536/-. Later-on, it was revealed that assurance given by non-applicants was totally false and lay-out was not in the name of M/s. Ma Sharda Housing Agency. In fact, agency was not the original owner, but non-applicant no.1 representing himself as Chairman of agency and non-applicant nos.2 and 3 as members, cheated and duped applicants by entering into false agreement of sale.
(c) Both the applicants then filed Regular Criminal Case Nos.63/2001 and 64/2001 before the learned Chief Judicial Magistrate, Nagpur. After recording verification of complainants, process was issued to the accused for the offence punishable under Section 420 read with 34 of the Indian Penal Code. The evidence before charge was recorded by the trial court. Vide order dated 7.5.2010, accused were discharged under Section 245 (1) of the Code of Criminal Procedure. The order of discharge was carried before the revisional court in Criminal Revision Application Nos.492 of 2010 and 493 of 2010. The learned Additional Sessions Judge, Nagpur dismissed the revisions on 16.5.2012. This order is impugned in present applications.
(3.) Heard Dr. R.S. Sundaram, learned counsel for applicants and Ms. M.A. Jaiswal holding for Shri P.S. Tiwari, learned counsel for non-applicants.;
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