Patna High Court - Orders
Sabiha Quasim @ Sabia Khatoon & Ors. vs The State Of Bihar & Anr. on 14 November, 2014
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2535 of 2012
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Sabiha Quasim @ Sabia Khatoon & Ors.
.... .... Petitioner/s
Versus
The State of Bihar & Anr.
.... .... Opposite Party/s
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Appearance:
For the Petitioner/s :
For the Opposite Party/s :
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
5 14-11-2014Heard learned counsel for the parties.
The petitioners seek quashing of the order dated 30.08.2010 passed by the learned Judicial Magistrate 1st Class, Patna in connection with Complaint Case No. 3156(C) of 2004. The allegation in the complaint petition is that despite having accepted rupees two lakhs as advance money, the land, as promised, was not conveyed to the complainant-opposite party no. 2.
Learned counsel for the petitioners submits that the Bai-byana agreement clearly stipulated that the timing for furnishing rest of the consideration amount would be the essence of the agreement and, in case, there is any delay on the part of the proposed purchaser of the property in furnishing the entire consideration amount within the stipulated period of six months, Patna High Court Cr.Misc. No.2535 of 2012 (5) dt.14-11-2014 2/3 the agreement would be terminated and the advance money would be appropriated. On the other hand, learned counsel for the opposite party no. 2 submits that even before the expiry of the stipulated period, the complainant made written as well as oral request for completing the formalities for conveyance of the land in question. Such a request was deliberately avoided by the petitioners on some pretext or the other.
There appears to be claim and counter-claim with respect to timely performance of their respective part of the obligation. Learned counsel for the petitioners, after some arguments, became agreeable for return of rupees two lakhs of money, which was taken as deposit for selling the property in question.
Such a proposal was not readily accepted by the counsel for the opposite party no. 2 on the ground that the money changed hands about 15 years ago and the value of money ever since has increased manifold.
Be that as it may, this matter is being adjourned for two weeks, so that the learned counsels for the respective parties would seek instructions from their respective clients.
Till next hearing of this application, further proceedings in the court below with respect to the petitioners shall Patna High Court Cr.Misc. No.2535 of 2012 (5) dt.14-11-2014 3/3 remain stayed.
List this matter within the first five cases in Admission II after two weeks.
(Ashutosh Kumar, J) Dilip/-
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