PRABHA MATHUR Vs. PRAMOD AGGARWAL

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is directed against the judgment and order dated September 26, 2006 passed by the High Court of Judicature at Allahabad in Criminal Writ Petition Nos. 9952-53 of 2006. By the said order, the High Court set aside the order dated July 16, 2005, passed by the Special Chief Judicial Magistrate, Agra and confirmed by the Additional Sessions Judge, Agra on July 29, 2006 dismissing the complaint filed by the complainants against the accused for offences punishable under Sections 420, 467, 468, 471 read with Sections 34 and 120B, Indian Penal Code, 1860. The High Court remanded the matter to the trial Court with a direction to make further inquiry in the matter and to pass an appropriate order in accordance with law.

(3.) Brief facts giving rise to the present appeal are that Pramod Kumar Aggarwal and Smt. Taruna Aggarwal, wife of Pramod Kumar Aggarwal (hereinafter referred to as the complainants) are in the business of sale and purchase of property. It was the case of the complainants that they contacted the appellants herein for purchase of the property from the appellants since appellants were having share in the property situated at village Nagla Padi Muhai Beni Prasad Tehsil, District Agra in front of Civil Court, Agra which was a joint family property. The complainants apprised the appellants-herein that they were interested in purchasing share of the property owned by the appellants. They were also to purchase the remaining property from other co-owners. According to the complainants, the appellants sold their shares in the property to the complainants. Payment was made by the complainants to the appellants. It was the allegation of the complainants that it was agreed between the parties that sale-deeds would be executed by the appellants in favour of purchasers. Sale-deeds were also drafted. The appellants, however, did not come to the office of Sub-Registrar, Agra for registration of sale-deeds. The appellants induced the complainants, gave false assurances and cheated them. Thereby the appellants committed offences punishable under Sections 420, 467, 468 and 471 read with Sections 34 and 120B of the Indian Penal Code (IPC). A complaint was, therefore, filed by the complainants in the Court of Special Chief Judicial Magistrate, Agra, being Complaint Case No. 1962 of 2003. The learned Magistrate after recording statements of witnesses, examining documents produced by the complainants and perusing inquiry report submitted by the Police held that the entire case was of a civil nature. There was, therefore, no justification for initiating criminal proceedings. He, accordingly, dismissed the complaint.