After the demolition of the shop, a complaint
came to be filed in the Court of Judicial
Magistrate First Class, Cantonment Court, Pune
under Section 420 of the Indian Penal Code. The
trial Court has recorded categorical finding that
right since beginning the complainant was very
much aware of the fact that the construction of
Shop No.5 was unauthorised. There is no
agreement entered into between the parties in
regard to the so called purchase of Shop No.5.
The payment of Rs.1,51,640/-, which is allegedly
made by the complainant to the accused, was not
towards the consideration for the shop. No doubt
there is an agreement in regard to the purchase
of Flat bearing No.4 and in regard to the said
Flat No.4, there is no dispute. The trial Court,
on appreciation of evidence on record, has held
that no case is made out against the accused for
commission of an offence punishable under Section
420 of the Indian Penal Code. A very possible
view of the matter has been taken by the
Magistrate and hence the same does not call for
any interference. The application seeking leave
to file an appeal is rejected.
