- (1.) S. K. Jain, J. Heard learned Counsel for the petitioner Sri K. K. Tiwari and learned A. G. A.
(2.) THIS petition under Article 226 of the Constitution of India has been filed to issue the direction in nature of certiorari for quashing the impugned order dated 24-8-2004 passed by the learned Judicial Magistrate (I), Lucknow in complaint case No. 8/2000, Neetu Sahu v. Krishna Kumar Mishra, under Sections 406, 506 I. P. C. Relating to P. S. Hasanganj, District Lucknow. By the impugned order the learned Judicial Magistrate rejected the application made by the petitioner to discharge him after recording of evidence under Section 244 Cr. P. C. The opposite party No. 4 Smt. Neetu Sahu filed the criminal complaint against the accused with the allegations that the accused petitioner Krishna Kumar Mishra wanted to sell a plot measuring 1000 sq. ft. situated at Ahibaranpur, Pargana, Tehsil and District Lucknow. The complainant expressed his willingness to purchase the plot Rs. 31,000 was settled as price of the plot. Parties agreed that after payment of the said amount, the accused would transfer the plot in favour of the complainant. It was further alleged that the accused on different dates received Rs. 28,000 from the complainant and issued a receipt. The accused also handed over the complainant the original documents of sale-deed executed by his predecessor entitled. The complainant could not arrange the remaining amount of Rs. 3,000 and the expenses which were to be incurred for the execution of the sale-deed for three months and thereafter, in August 1999 the complainant asked the accused to execute the sale-deed. The accused deferred the execution of sale-deed of one pretix or the other and finally refused to execute the sale- deed in favour of the complainant on 20-11-1999.
(3.) THE learned Counsel for the petitioner has submitted that dispute between the complainant and the accused is of civil nature. THE facts of the case are squarely covered by the decision of Hon'ble Supreme Court in the case of Ram Biraj Devi and Anr. v. Umesh Kumar Singh, 2006 (3) JIC 281 (SC) : 2006 (55) ACC 560, wherein the Hon'ble Supreme Court has observed that where there is a dispute in respect of sale and purchase of land between the parties, the dispute is purely of civil nature and the criminal complaint filed by the complainant should be quashed. The facts of the case in hand are similar to the facts of Ram Biraj Devi and Anr. v. Umesh Kumar Singh (supra ).;