1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL REVISION APPLICATION NO.612 OF 2009 The State of Maharashtra ...Applicant (Orig. Complainant) Vs. Yogesh Sundarji Karia & Anr. ...Respondents (Orig.Accused Nos.1 & 2) Mrs.A.A.Mane, A.P.P for the State None for Respondents CORAM: SMT.ROSHAN DALVI, J. DATED: 21ST NOVEMBER, 2009 P.C. 1.This application is for leave to file appeal against the order of the learned Sessions Judge-3, Pune dated 23rd June 2009, dismissing the appeal against the order of the learned Chief Judicial Magistrate, Pune acquitting the accused of the offence punishable under Section 420 read with 34 of the I.P.C. 2.The case of the complainant is upon an agreement of development entered into by him with the accused under which certain consideration amounts were payable from 2 time to time and possession was to be delivered. It is contended that the accused breached those conditions and delivered possession to 3rd party instead. 3.The dispute is precisely civil in nature, Specific Performance Suit should have been filed. The orders of the lower Courts are correct. 4.Leave to appeal is refused. (SMT. ROSHAN DALVI, J.)