Legal Question in Criminal Law in

I entered into an agreement for purchase of property with some body who had an agreement for purchase of property with the actual owner of that property. I also paid part amount of the total consideration to the person with whom , I entered into agreement, Some amount was paid direct to the actual owner also by demand draft which was credited into the bank account of actual owner.

My draw back is that the agreement between actual owner and the party with whom I entered into agreement and the agreement between me and that party were neither registered nor stamp duty paid due to which I am avoiding filing civil suite.

The actual owner as well as the party with whom I entered into agreement got some higher price offer and therefore backed out. Initially they kept passing time on one or the other ground. When I made pressure the person with whom I entered into agreement disappeared and the original owner denied having entered into any agreement with anybody for sale of property although she had accepted payment direct from me.

I had no alternative but to lodge complaint with the senior suprentendent of Police which I did. The S. S. Police started investigation in the matter. They did not however register the case. In the mean time all of sudden the first party engaged some influential persons and lodged an FIR direct in the Police Station against me and got registered case under section 120B,420, 467 and 468 giving false and fabricated evidences and even making the Police officer investigating the matter as co accused along with me.

I have now filed an application in the court for direction u/s 156(3) but I am not sure as to whether the court will entertain the same or not. I have enough evidences in my support and it can very well be proved that they have colloborated in the act and doing mischief just to get higher consideration for their property which has already been sold to me.

What further action should I take.Kindly advise.


Asked on 9/24/10, 10:49 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

you have to maintain your complaint for 420, 467 and 468 IPC. However, how could you purchase a right better than your seller had. the important point in your favour is that you paid the amount direct to the owner but you have not mentioned whether or not the owner is acknowledging the same. if she had acknowledged the amount you may also file a suit for specific performance.

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Answered on 9/26/10, 3:14 am


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