P.N.Goel - (1.) THIS is a complainant's appeal against the order dated 29-6-1974 passed by Judicial Magistrate Nagina in criminal case no. 5 of 1964 acquitting Buddbu Singh respondent of the offences punishable under sees. 415, 417 and 420 IPC.
(2.) FACTS giving rise to this appeal, briefly stated, are thus : Buddhu Singh was sirdar of 4 Bigha, 3 Biswa and 5 Biswansis agricultural land in his village Tibri, Pargana Dhampur, Nagina, district Bijnor. On 3-4- 73, he executed an agreement of sale in favour of appellant Smt. Basanti Devi, wife of Amir Singh, resident of village Khanpur Manak, Pargana Nagina, district Bijnor for a sum of Rs. 4,500/-. He agreed that by depositing 20 times of the revenue he would acquire Bhumidhari rights within one and a half months. He further agreed that after having obtained Bhumidhari rights, he would execute sale deed in favour of the appellant within two months but he neither secured Bhumidhari rights nor executed sale deed in favour of the appellant. According to the appellant, she had paid Rs.4, 500/- to the respondent before the registration of the agreement deed Ex. Ka 1 on 3-4-73. The appellant alleged that the respondent did not even repay her money. She further alleged that the respondent had dishonest intention and, therefore, he had not obtained the rights of a Bhumidhar, had not executed sale deed in her favour and had not returned her money. Defence of the respondeat was that the appellant had not given her Rs. 4, 500/- or any money and that, therefore, he did not secure Bhumidhari rights and did not execute sale deed in her favour. He denied the allegation that he had any dishonest intention in entering into the agreement with the appellant. The appellant asserted that the respondent had agreed to sell his entire land measuring 4 Bighas, 3 Biswa and 5 Biswansis equivalent to 13 Bighas Kham. The respondent asserted that he had not agreed to sell his entire land and that he had agreed to sell only 2 Bighas land equivalent to 6 Bighas Kham.
(3.) ON 7-8-1973 the respondent gave a notice to the appellant. In this notice he mentioned all the facts which he asserted in his defence. ON 8-8- 1973 the appellant gave a notice on an inland letter saying that the respondent had agreed to sell 2 Bighas Pukhta land to her for Rs. 4, 500/- and that he did not execute the sale deed as agreed. The appellant filed a complaint against the respondent. She examined herself, Ghasita and Amar Singh to prove her allegations. The respondent did not examine any witness in support of Ms defence. He, however, filed a copy of notice dated 7-8 -1973 and the notioe of the appellant dated 8-8-1973. The appellant filed the registered agreement deed dated 3-4-1973.;