S.S. Dewan, J. - (1.) By means of the present petition under section 482 Criminal Procedure Code, the order passed by the Judicial Magistrate 1st Class, Chandigarh vide his judgment dated Dec. 14, 1979, is sought to be quashed.
(2.) It is needless to go into the factual details as there is deep-rooted controversy between the parties in respect of the purchase of a certain house in Chandigarh. It is pertinent to mention here that the petitioner had approached the trial magistrate with the complaint that the accused-respondent agreed to sell the house in question to the petitioner on 21st May, 1977 for Rs. 78,000.00. At that time, he represented to the petitioner and his wife that the house was free from all encumbrances and was not under mortgage. Due to the representation aforesaid, the petitioner and his wife paid him Rs. 20,000.00 as earnest money. On a subsequent date, a sum of Rs. 9,000.00 was paid by the petitioner to the respondent. The sale deed was to be executed on April 21, 1978. The sale did not mature as the respondent did not hand over the required documents for getting the loan sanctioned. Afterwards, it transpired that the house in question was already under mortgage with Shrimati Swaran Kaur for Rs. 47,200.00.
(3.) After receiving the preliminary evidence, the trial magistrate dismissed the complaint saying that no case was made out. The Sessions Judge, Chandigarh while dismissing the revision petition filed by the petitioner observed that the dispute referred to above is civil in nature for which parties can have rederess in the civil court. Feeling aggrieved, the petitioner has now sought to invoke the inherent jurisdiction of this Court, to quash the orders of the Courts below.;