- (1.)The instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 14.06.2012 passed by the learned Judicial Magistrate First Class, Karnal whereby respondent has been acquitted of the charges framed against him.
(2.)Brief facts of the case are that a complaint was filed by the complainant-petitioner against the respondent alleging that in the year 2004, the accused-respondent disclosed to the complainant that he was owner in possession of a house constructed on an area of 350 sq. yards situated in Bhatta Colony, Near Railway Line, Gharaunda, District Karnal and he wanted to sell the same. The accused-respondent entered into an agreement to sell dated 09.08.2004 with regard to the house in question with the complainant for a sum of Rs.2,50,000/- and the entire amount was paid to the accused at the time of execution of said agreement. The possession of the house in question was also handed over to the complainant. It is further alleged in the complaint that it was also orally agreed that the complainant would allow the accused to reside in the house in question for some time because the accused had told the complainant that he was not in possession of the ownership documents of the house in question and after getting the same he would get executed the sale deed in favour of the complainant. It was also agreed that the accused would vacate the house immediately and would hand over the vacant possession of the house in question to the complainant. The complainant waited for a sufficient time for execution and registration of the sale deed but the accused never come forward in order to fulfill the terms and conditions of the said agreement. The complainant in the month of March, 2005 had moved an application against the accused at Police Station Gharaunda where a Panchayat was also convened and the accused had admitted his guilt. The accused also agreed that he would get executed the sale deed in view of agreement dated 09.08.2004 or he would return the sale consideration to the complainant, but in vain. The complainant also served a legal notice dated 03.04.2006 upon the accused, but no reply was given by the accused.
(3.)After preliminary evidence, the complaint was dismissed vide order dated 23.04.2007 by the learned Judicial Magistrate First Class, Karnal. Aggrieved against the same, the complainant filed a revision and the same was allowed by the learned Sessions Judge, Karnal vide order dated 31.10.2007. Thereafter, the accused was summoned vide order dated 06.11.2007 passed by the learned Judicial Magistrate First Class, Karnal for the commission of offence punishable under Sections 406, 420 and 506 of the Indian Penal Code. Finding a prima facie case, charge was framed against the respondent to which he pleaded not guilty and claimed trial.