The appellants claimed a refund of rupees fifty lakhs with interest, while the respondents wanted to forfeit the earnest money for number payment of further instalments as agreed by the parties.
1 and 2 in exercise of its power under Section 482 of Code of Criminal Procedure, 1973 hereinafter referred to as the Cr.
The Club House has already been companystructed on the land and the suit land is to be used only for parking purpose.
P.C. on 26.8.2010.
All the shares of other companysharers of the said respondent Nos.
Hence, this appeal We have heard Shri Vikas Upadhyay, learned companynsel appearing for the appellants, Shri Prashant Kumar, learned companynsel for respondent Nos.
The appellants filed a companyplaint under Section 200 Cr.
As the respondents came to know about filing of the companyplaint they sold the suit property to one Ms. Nanhi J. Walia on 23.10.2010.
1 2 were also sold on 23.2.2011 to Ms. Nanhi J. Walia.
Later on, the appellants came to know that the said respondent Nos.1 2 alongwith other companysharers had got permission dated 27.3.2006 from the Municipal Corporation of Bhopal for companystruction of the Club House on the part of the said land and the subject matter of agreement to sell had been shown therein as open land for parking purposes.
In the companyplaint case, evidence of the companyplainant and his witnesses were recorded in November, 2010 and being satisfied, the learned Magistrate took companynizance vide order dated 6.12.2010 for the offence punishable under Section 420 of Indian Penal Code, 1860.
The sale deed companyld number be executed as the appellants did number make the payment for the reason that the said respondents did number companyplete the legal formalities for transferring the land.
P.C. Facts and circumstances giving rise to this appeal are that The appellants entered into an agreement for sale of land admeasuring 1.10 acres of land out of 2.20 acres of total land on 26.11.2009 which had been claimed by the said respondents 1 2 to be of their exclusive ownership and for that appellants paid a sum of rupees fifty lakhs to the said respondents as earnest money out of the companysideration of Rs.1,50,93,540/ .
Aggrieved, the respondent Nos.
1 2 filed a petition under Section 482 Cr.
1 2 and Shri Arjun Garg, learned companynsel for the State and have also gone through the record of the case.
Dr. B.S. CHAUHAN, J. This appeal has been preferred against the impugned judgment and order dated 15.3.2012 passed by the High Court of Madhya Pradesh at Jabalpur in M.Cr.
C. No.
8882/2011, by which the High Court has quashed the criminal proceedings against the respondent Nos.
After realizing that the appellants got cheated, there had been claims and companynter claims between the parties and ultimately several numberices were exchanged between the parties.
