IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-25055 of 2008 Date of decision: 6th March, 2009 Shakti Dass … Petitioner Versus Sanjay Kapoor … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ashish Aggarwal, Advocate for the petitioner. Mr. Maharaj Kumar, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) By this common order, two petitions bearing Criminal Misc. No. M-25055 of 2008 preferred by Shakti Dass and Criminal Misc. No. M- 27051 of 2008 preferred by Sandeep Sharma shall be decided together. Complainant had purchased a Maruti car bearing registration No.DL-8C-535 from Sandeep Sharma @ Dr. Pawan Kumar, resident of village and post office Sangrauli, District Kaithal, through Roop Kumar, partner of M/s Asian Auto Deals, Opp. Bus Stand, Karnal. Sandeep Sharma @ Dr.Pawan Kumar projected himself to be a doctor and sold the car for Rs.1,07,000/- and had received Rs.65,000/- as advance. Possession of the car was given. However, documents of the car were not given, which necessitated Sanjay Kapoor to approach the Court by filing a complaint. The complaint was dismissed on 9th February, 1999, holding that it is a civil dispute. Revision petition filed against the same was also dismissed and later complainant approached this Court by filing petition Criminal Misc. No. M-25055 of 2008 under Section 482 Cr.P.C. bearing Criminal Misc. No. 11376-M of 2001. Same was also dismissed by this Court on 9th October, 2002. As to why the accused was not handing over registration certificate of the car, by turn of events and passage of time became evident. The car in question was stolen and was sold to the complainant. Therefore, the second complaint was filed for offences under Section 385, 420, 457, 120-B, 34, 506 IPC. Second complaint is not on the same facts. Complainant cannot be foreclosed to agitate that a stolen car has been sold to him. Hence, there is no merit in the present two petitions and the same are dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE March 6, 2009 rps 2