- (1.) Petitioner has preferred this petition under Section 482 of the Code Criminal Procedure, 1973 seeking quashing of the Criminal complaint No. 452-1 dated 11.11.2005 titled as R.D.Tagra vs Smt. Raj Mehta and others' (Annexure P6) and summoning order dated 5.7.2008 (Annexure P7) alongwith all consequential proceedings arising therefrom.
(2.) Learned senior counsel for the petitioner has submitted that the dispute in the present case was purely civil in nature. Petitioner had agreed to sell plot No. 121 (P) Sector PLA Hisar to respondent No.1-R.D.Tagra vide agreement dated 2.7.2005 (Annexure P1) . At the time of execution of the agreement to sell, a sum of Rs. 4 lacs was received by the petitioner towards earnest money. Thereafter, the sale deed was to be executed on 15.9.2005.
(3.) On 12.7.2005, Rs. 1 lac was received by the petitioner towards additional earnest money. Vide Annexure P2 dated 12.9.2005, the date for execution of the sale deed was extended to 18.10.2005. Petitioner received another sum of Rs. 3 lacs towards earnest money. However, the sale deed could not be executed on the date fixed.;