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Judgment
Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.278/2018, registered at Police Station Shahpura, District Jaipur,
for offences under Sections 420, 406, 468, 471, 120B IPC.
Shri Vikram Yadav, learned counsel for complainantrespondent No.2, referring to the FIR has submitted that the petitioner purchased JCB Machine
bearing Temporary No.RJ14-2E6507. Learned counsel has further stated that it was agreed that for purchase of said vehicle, petitioner shall pay
Rs.13,00,000/towards sale consideration. It is stated that petitioner gave earnest money of Rs.51,000/- and possession of JCB was handed over to
him. It is not denied that subsequently, JCB was recovered from the petitioner and now, it has been released to the complainant on Supurdagi by the
trial court.
This court on 06.09.2018 had passed the following order:-
“The learned counsel appearing for the petitioner contends that the complainant has alleged that the petitioner after payment of Rs.1,51,000/-
purchased J.C.B. Machine from the complainant. Counsel further contends that since the complainant had not given original papers and had not
transferred the machine in the name of the petitioner, remaining amount of Rs.11,49,000/- was not paid. Counsel submits that now the machine has
been taken into possession by the Police and has been returned to the complainant. Counsel further submits that the petitioner is ready and willing to
pay remaining amount of Rs.11,49,000/-, in case the complainant come forward to transfer ownership of the machine in the name of the petitioner.
Counsel urges that in alternate the petitioner is ready and willing to receive Rs.1,51,000/- paid to the complainant towards purchase of machine.
Issue notice to the respondents, for 12.09.2018.
The learned Public Prosecutor appearing for the State is directed to call concerned Investigating Officer in this Court, along with the records of the
case.
A further direction is issued to the Investigating Officer to serve notice upon respondent No.2 regarding pendency of the present petition and the next
date fixed before this Court.
List this case on 12.09.2018.
Let a copy of this order, under the seal and signature of the Court Master, be handed over to ld. Public Prosecutor appearing for the State, for onward
transmission and necessary compliance.â€
Shri Anil Upman, learned counsel for the petitioner, has submitted that he had paid Rs.1,51,000/- towards earnest money and in case complainant
return the said amount, he will not press the agreement for purchase of the vehicle.
Shri Vikram Yadav, learned counsel for complainantrespondent No.2, has submitted that in case petitioner is ready and willing to pay the balance
amount of sale consideration of Rs.13,00,000/- alongwith damages, he will transfer the vehicle in the name of petitioner.
Shri Vikram Yadav has further submitted that the petitioner operated the vehicle for one year and he earned handsome amount after giving the vehicle
on hire.
After hearing learned counsel for the parties, on the basis of broad consensus arrived between the parties during the course arguments, following
directions are issued:-
(a). That the complainant-respondent No.2 shall return Rs.51,000/- to the petitioner.
(b). That liberty is granted to the complainant-respondent No.2 to file suit for recovery of damages and mesne profit for utilization of vehicle by the
petitioner for a period of twelve months.
(C). That a further liberty is granted to the accusedpetitioner to file a counter in the civil suit for recovery of amount of Rs.1 Lac which, allegedly, was
paid to the complainant over and above amount of Rupees fifty one thousand admitted by the complainant.
The parties have agreed that they will not rely upon any agreement, so far factum of sale of JCB is concerned. However, agreement can be relied to
the limited extent for recovery of damages and mesne profit in the civil suit.
In view of above, present petition is accepted and the impugned FIR alongwith all subsequent proceedings is quashed.