Zile Singh vs Suresh and others

Heard.

The petitioner filed complaint for offence punishable under

Sections 406 / 420 / 323 / 506 / 120-B IPC against the respondents alleging that

the respondents purchased buffalos worth Rs.7,28,000/- from him in the

month of March/April, 2010 but made payment Rs.2,73,000/- only. The

outstanding amount of "Rs.4,54,000/-" was not paid despite requests and

reminders and a writing was executed to this effect by respondent no.2.

Thereafter on his demand of balance amount, the respondents threatened

him with dire consequences. Learned Judicial Magistrate Ist Class, Narnaul

sent the case to the police for inquiry and report under Section 202 of Cr.P.C

and dismissed the complaint with the observations that the complainant

could not produce any evidence of sale of buffalos to the accused and no

case was made out for summoning of accused.

Not satisfied, the petitioner filed revision petition which was

also dismissed by the learned Additional Sessions Judge, Narnaul.

Learned counsel for petitioner has argued that buffalos were

sold to the respondents without any writing. The respondents, who have

purchased the buffalos cheated the petitioner. The writing, which was relied

upon by the petitioner, was not having signatures of respondent no.2. There

was no reason for courts below to discard the statement of petitioner that he

has been cheated.

On giving careful thought to the submissions made by the

learned counsel for petitioner I find no reason to agree with him. The case

appears to be of civil nature which the petitioner had tried to give a tinge of

criminal case. As submitted by learned counsel for petitioner there is no

evidence of sale of buffalos by him to the respondents. The writing of

respondent no.2, relied upon by the petitioner was also found bereft of

signatures of respondent no.2.

In these circumstances, there was no material before the courts

below to proceed against the respondents or for invoking its jurisdiction

under the Code of Criminal Procedure to summon the respondents to face

trial on the allegations incorporated in the complaint.

On perusal of the judgments of the courts below I find no

factual infirmity therein calling for interference.

This revision petition has no merits.

Dismissed.