AMIT KAPOOR Vs. RAMESH CHANDER

JUDGEMENT

(1.) Leave granted.

(2.) A question of law that arises more often than not in criminal cases is that of the extent and scope of the powers exercisable by the High Court under Section 397 independently or read with Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code').

(3.) The facts as they emerge from the record fall within a very narrow compass. On 4th December, 2007, the Rajouri Garden Police Station received information that a woman had committed suicide at C-224, Tagore Garden Extension, Delhi. Upon making entry under DD No.16A of that date, Sub Inspector O.P. Mandal commenced investigation and reached the place of occurrence. The deceased was identified as Komal Kapoor. Her body was sent for post mortem. The Investigating Officer recorded the statement of her son Amit Kapoor and on 5.12.2007 at about 12.15 p.m. an FIR was registered on the complaint filed by him. This FIR was registered against Ramesh Chander Sibbal (the accused) and another, on the basis of the statement of Amit Kapoor and the suicide note. According to Amit Kapoor, he knew Ramesh Chander Sibbal for the last 10 years. Father of Amit Kapoor was running a paint brush business and had purchased property No.C-225, Tagore Garden, Delhi through the said Ramesh Chander Sibbal. Since the father of Amit Kapoor had fallen ill, his mother was also looking after the business. However, the family business suffered acute losses. The family discussed the possibility of selling their moveable and immoveable property situated at Rohini. The accused persons are stated to have fraudulently obtained signatures of the deceased in this connection. In order to get over the financial crises and to meet their liabilities, the deceased had also discussed the possibility of selling another plot owned by the family situated in Bawana Industrial Area. At that time also, the accused told the deceased that certain documents have to be executed before the plot is sold. On this pretext, he again got some papers signed by them. The accused paid a sum of Rs.5,00,000/- to the deceased at the first instance and thereafter a sum of Rs.3,00,000/- for the plot situated in Bawana as against the market value of Rs.28,00,000/-, with an assurance that the rest of the amount will be paid after execution of the sale deed.