Penal Code, 1860–Secs. 420 & 447–Charge framed for the offence–Legality–Parties entered into a sale agreement of agriculture land–Payment was to be made in two installments–Possession was taken over and the land was divided into plots and allotments were made to the members of society
and they were put in possession thereof–Office bearers failed to make the payment of installments–Agreement was extended Last installment was received timely–FIR was lodged after the delay of thirteen years when the complainant lost the limitation of civil remedy–Mere case of non-compliance
of agreement–No dishonest intention–Plea of the complainant that the possession was taken over forcibly is also not acceptable because it was advanced after twelve years–Held, accused is entitled to be discharged.
