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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 5269 /2024 [@ SLP [CRL.] NO. 14601/2023]
JASWANT THAKUR Appellant(s)
VERSUS
THE STATE OF MADHYA PRADESH & ORS. Respondent(s)
O R D E R
Leave granted.
The appellant has been charged for the offences
punishable under Section 420 and 406 of the Indian
Penal Code, 1860 (in short ‘the IPC’).
The case against the appellant, in a nutshell,
is that after entering into an agreement to sell with
respondent No.4 and on receipt of the entire sale
consideration, he has not executed the sale deed.
Learned senior counsel appearing for the
appellant submits that though the agreement for sale
is true, the consideration as alleged in the
complaint is not factually correct. In any case, it
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is a civil dispute which cannot be converted into a
criminal case.
Learned counsel appearing for the contesting
respondent submits that the entire sale consideration
has been paid. The appellant, for the reasons
unknown, is not executing the sale deed deliberately,
while having received the sale consideration.
The question as to whether the entire sale
consideration is paid and, if so, what is the reason
for non-execution of the sale deed, are matters of
evidence for a civil Court. At best, the private
respondent can file a suit for specific performance.
Suffice it is to state...