N.N. Mathur, J. - (1.) The instant revision petition is directed against the order dated 24.11.2003 passed by the Judicial Magistrate, Sri Ganganagar framing charge against the petitioners for offence under Section 420 I.RC.
(2.) The second respondent Vijay Singh filed a complaint in the court of Chief Judicial Magistrate, Sri Ganganagar stating inter alia that he owns a house situated in Purani Abadi at Sri Ganganagar. He entered into an agreement to sell with the petitioners herein Subhash Chandra and Desh Raj on 27.11.96 for the sum of Rs. 85,000/-. A sum of Rs. 50,000/- was paid in advance. Later on a dispute arose between the parties. As such a panchayat was arranged. It is averred that the agreement will stand cancelled on payment of Rs. 55,000/- to Jaswant Singh, who in turn paid to Om Prakash and Om Prakash paid to Lekh Ram and ultimately they took the mopey. It is alleged that the petitioners herein had cheated the complainant. The complaint was sent for investigation under Section 156(3) Cr.RC. The police filed a charge-sheet against the petitioners for offence under Section 420 I.RC. It is not in dispute that on the same controversy a civil suit for specific performance has also been filed before the civil court. It is now well settled that in the matter of breach of agreement to sell no offence is constituted. A reference be made to the decision of Apex Court in Nageshwar Prasad Singh v. Narayan Singh & Anr. reported in 1998 Cr.L.R. (SC) page 670 .
(3.) Consequently, the petition is allowed. The impugned order dated 24.11.2003 passed by the Chief Judicial Magistrate, Sri Ganganagar framing charge against the petitioners for offence under Section 420 I.RC. is quashed and set aside.;