HARNAM SINGH Vs. EVEREST CONSTRUCTION COMPANY

JUDGEMENT

(1.) Leave granted.

(2.) It is the case of the appellant that his mother (who is no more) entered in to a written agreement on 13.10.1981 with the first respondent-firm for the purchase of flat No. 606 in the multistoried complex proposed to be constructed at Prabha Devi, Mumbai by the said firm, pursuant to which she paid earnest money initially and later on after the construction of the building commenced in 1987, she tendered a sum of Rs. 50,000 through a demand draft on 28.1.1987. About a year later, the appellants mother received a letter from the respondent denying the agreement and the draft of Rs. 50,000 was also returned along with the letter. After exchange of notices, appellants mother filed a suit being suit No. 82 of 1989 in the High Court of Delhi seeking the relief of specific performance. The respondent firm filed a written statement on 19.5.1989 setting up the plea that the flat in question was sold to one Sukhbinder Singh by an agreement of sale dated 30.7.1981. On 8.7.1991, the respondent filed a photocopy of the alleged agreement dated 30.7.1981 according to which the flat was agreed to be sold to Sukhbinder Singh. However, the original agreement has not been filed in the Court till now. It is alleged that the appellants mother, on getting certain information from the alleged purchaser, filed a private complaint under Sections 420, 467, 471 and 474 etc. of IPC in the Court of Additional Chief Metropolitan Magistrate, Delhi alleging that she was duped and a fabricated/forged agreement has been set up in the suit, a photocopy of which was filed. On recording the statement of the complainant on 8.3.2001, it appears that the learned Magistrate took cognizance of the offence and issued summons to the accused as well as to Sukhbinder Singh. In the meanwhile, the appellants mother i.e. the complainant died in May, 2001 and the appellant has been substituted as complainant in the case.

(3.) In May, 2002 a petition was filed under Section 482, Cr.P.C. in the High Court of Delhi for quashing the criminal complaint. By the impugned order, the said application came to be allowed by the High Court on the ground of delay in preferring the complaint. It is against this order the SLP has been preferred by the complainant.