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Jammu and Kashmir Court July 1963 Judgments

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Jul 09 1963

Ghulam Ahmad Sofi Vs. Kh. Ghuiam Moh'd

Court: Jammu and Kashmir

Decided on: Jul-09-1963

Reported in: 1964CriLJ374

ORDERSyed Murtaza Fazl Ali, J.(1) This is an application for quashing proceedings Under Section 420 of the Ranbir Penal Code taken against the petitioner.(2) The respondent filed a complaint before the City Magistrate Srinagar alleging that there was an agreement between the petitioner and the respondent under which he was to sell a contract it timber for a consideration of Rs. 60,000/-. It was alleged that the complainant paid the entire consideration to the petitioner, but is spite of that he did not sell the contract to the respondent and hence tree petitioner was liable for an offence Under Section 420, R. P. C.(3) I have perused the complaint, the statement of the complainant as also the agreement which is the basis of the complaint. The agreement clearly recites that the sale of the contract was to be effected only and only in July i960 and if for any reason, the timber was not in a position to be floated by that date, the contract would stand cancelled and the petitioner will re...


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