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Bhupinder Singh Kochar & Ors. vs. State of Rajasthan & Anr.

32.00 3.20

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Penal Code, 1860–Secs. 384, 406, 420–Petition for quashing the FIR–Parties entered into an agreement for the sale of company and plot–Amount was paid against sale price–Offence u/s. 406 cannot be held to be made out–An admitted fact that the complainant himself entered into oral agreement to purchase the company and plot–Merely because the petitioner failed to execute the written agreement, and failed to refund the amount, it cannot be held that they cheated the complainant in any manner–Admitted fact that complainant was threatened when he demanded the execution of the written agreement and issue receipt in regards to advance payment–Offence u/s. 384
is not made out.