Umesh Chandra Srivastava, J. - (1.) Heard Shri P.S. Pundir, learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
(2.) This application has been filed under section 482 of the Criminal Procedure Code with a prayer to quash the entire proceedings of Criminal case no. 1503 of 2008 titled State of U.P. vs. Manjeet Singh, arising out of case crime no. 136 of 2008 under sections 420, 406, 506 I.P.C., P.S. Gagalheri, District Saharanpur pending in the Court of learned Judicial Magistrate IIIrd, Saharanpur.
(3.) Facts of the case in brief are that applicant and respondent no. 2 entered into an agreement dated 03.02.2006, whereby respondent no. 2 sold four feet deep earth of 11 Bigha land in Gata no. 82, Chak no. 71 situated in village Bahrampur, Pargana-Haroda, Tehsil and District - Saharanpur to the applicant for Rs. 1,65,000/- @ Rs. 15,000/- per Bigha. As per terms and conditions of the agreement, Rs. 82,000/- had already been paid to respondent no. 2 on 31.03.2005 and the balance amount Rs. 83,000/- was payable in April, 2007. Pursuant to the aforesaid agreement, applicant used the entire earth sold to him, however, he did not keep the promise in making payment of balance amount and when opposite party no. 2 reminded him in this regard, he not only refused to pay the balance amount but also offered threat of life to him. It is also stated that respondent no. 2 had given a legal notice to applicant in regard to pay the balance amount, but he did not pay any heed to that notice compelling him to lodge an F.I.R. against him in P.S. Gagalheri, District Saharanpur.;