Narendra Singh vs State Of Uttarakhand & Another

Pankaj Purohit, J

By means of present C482 application, applicant has put to challenge the judgment and order dated 11.10.2022 passed by learned 1st Additional Sessions Judge, Udham Singh Nagar in Criminal Revision No.69 of 2022, Narendra Singh vs. Subhash Sana & another as well as the judgment and order dated 07.01.2022, passed by learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar in Misc. Case No.87 of 2021, Narendra Singh vs. Subhash Sana, whereby the application of the applicant under Section 156(3) Cr.P.C. was rejected and further direct the police of Police Station Dineshpur to register a first information report against the respondent no.2 in appropriate Section of IPC and investigate the same in accordance with law.

Brief facts of the case are that applicant and respondent no.2 were entered into an oral agreement to sale in respect of a land recorded in Khata No.0004, Khasra no.55 min area 0.0670 hectare belonged to the respondent no.2. Applicant had paid a token money to the tune of Rs.10,00,000/- to the respondent no.2 through cheques. The respondent no.2 has withdrawn the amount of Rs.3,50,000/- on 05.10.2021 and when on 11.10.2022 applicant asked to execute an agreement in respect of property, respondent no.2 has refused to execute agreement and asked about cancellation of the deal and assured that he will return Rs.3,50,000/- to him, but he did not do the same and started extending threat to the respondent no.2. Thereafter, applicant tried to lodge the first information report, but the same has not been registered by the police. When the police did not register the first information report, applicant filed an application under Section 156(3) Cr.P.C. in the court of learned 4th Additional Civil Judge (J.D)/Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar. The learned Magistrate dismissed the said application vide order dated 07.01.2022.

Feeling aggrieved against the order dated 07.01.2022, applicant preferred a Criminal Revision No.69 of 2022, Narendra Singh vs. Subhash Sana & another, before the learned 1st Additional District and Sessions Judge, Udham Singh Nagar and the said revision was also dismissed by the Sessions Judge vide judgment and order dated 11.10.2022. Thus, against the aforesaid judgment and orders, applicant is before this Court.

Learned counsel for the applicant submits that both the courts below have failed to consider this fact that respondent no.2 obtained amount through cheques from him and later on, refrained from executing the agreement to sale or sale deed and also did not return the money received by him. Thus, he committed fraud with the applicant.

Learned counsel for the applicant further submits that since both the civil and criminal matters can simultaneously proceed, therefore, the impugned orders passed by the courts below are bad in the eyes of law.

I have gone through the reasoning assigned by learned Magistrate as well as learned revisional court while passing the impugned orders. The courts below have categorically stated in their orders that the dispute between the parties regarding transaction of land is purely civil and no cognizable offence prima facie appears to have been committed by respondent no.2.

In this view of the matter, I find no irregularity or illegality in the orders passed by the courts below. There are concurrent findings of fact against the applicant and there is no ground for interference in this matter. Accordingly, the present criminal misc. application fails and is hereby dismissed.

Pending application, if any, stands disposed of accordingly.