JUDGEMENT
BRIJ RAJ SINGH, J. -
(1.)Heard Sri Paavan Awasthi, learned counsel for the applicant, Sri Tilak Raj Singh, the learned A.G.A. for the State.
(2.)The present application U/s 482 Cr.P.C. has been filed with a prayer to quash the proceedings of Complaint Case No. 3219 of 2018 (Satya Prakash Singh Vs. Vijay Kumar Banka and Others), under Ss. 406, 420 I.P.C., pending in the court of Chief Judicial Magistrate, Lucknow, with a further prayer to stay the operation and implementation of the order dtd. 25/3/2022 passed in the aforesaid complaint case.
(3.)The facts of the case are that Satya Prakash Singh, the complainant filed an application under Sec. 156(3) Cr.P.C. before C.J.M. Lucknow making allegation that he was looking for a plot in Lucknow measuring an area of 100 sq. ft. and in that regard he met the applicant along with his associates Rajendra Prasad Chaudhary, Pawan Kumar Sharma, Suddhakar Singh and Raghvendra Singh. The complainant mentioned in the application that he was shown a plot in Tiwari Ganj and was informed that the cost of the plot is Rs.4,50,000.00 plus registry expenses and that half of the total amount is required to be deposited in cash and remaining half to be paid as per the convenience of the complainant. It is stated in the complainant that he deposited Rs.2,00,000.00 in cash with the applicant and sought 15 days' time to pay the remaining amount. Thereafter, the complainant was contacted by the applicant prior to 15 days' and he was asked to deposit the remaining amount within four days with an instruction that in case of non-payment of remaining amount within four days, the applicants will sell the plot to some other person/customer. The complainant enquired about the plot situate in Tiwari Ganj and he was informed that the plot which was shown to the complainant was not belonging to the applicant, namely, Vijay Kumar Banka.
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