ROHIT VERMA Vs. SHEIKH SULTAN

JUDGEMENT

(1.) This order shall dispose of M.Cr.C. Nos. 6918/99, 6469/99 and 4891/99, filed under Section 482, Cr.P.C. seeking quashment of the proceedings.

(2.) Along with the petition a copy of the complaint, certain agreements and statements of the complainant recorded under Section 200, Cr.P.C. have been also annexed. Non-applicants Sheikh Sultan and Smt. Mehmooda Begum entered into an agreement on 15-6-91 with M/s. J.K. Builders and Engineers through partners Jitendra Kumar Goyal and Prakash Dawda. According to the said agreement, the said two persons were to pay sum of Rs. 37,00,000.00 to the complainants. After execution of the agreement, the property was handed-over to said M/s. J.K. Builders through Partners Jitendra Kumar Goyal and Prakash Dawda. These persons started raising construction over the property. After construction of some part or raising some structures, the non-applicant Nos. 1 and 2, Prakash Dawda and Jitendra Kumar Goyal entered into an agreement with certain persons for selling the shops/flats/structures. The agreements were executed on different dates, but there is no dispute before me that the agreements are signed by the complainants Sheikh Sultan and Sml. Mehmooda Begum as party No. 1 (Seller), M/s. J.K. Builders and Engineers, through Prakash Dawda and Jitendra Kumar Goyal as party No. 2 (Seller) and the proposed purchasers. The agreements clearly stipulated that the purchasers had paid the settled amount to the owners and builders and possession of the property had been handed-over to them by the owners of the land and the builders.

(3.) It appears that because of some dispute between the complainants (Non-applicant Nos. 1 & 2) and the Builders i.e., Prakash Dawda and Jitendra Kumar Goyal, the complainants made a complaint to the police staling that the builders have played fraud with them and without paying them money, obtained their signatures on certain documents. They also informed the police that the purchasers, in conspiracy and connivance with the builders took the possession of the property and as they were not vacating the premises despite their notice, they were also liable to be prosecuted. It appears that the police did not take any action against the builders and the proposed purchasers, therefore, the complainants filed a private complaint in the Court of Judicial Magistrate, First Class, Raipur. The statements of P.W. 1 Sheikh Sultan, P.W. 2 Mohd. Mehmood and P.W. 3 Mohd. Hasan were recorded under Sections 200 and 202, Cr.P.C. After recording the statements of the said witnesses, the Court below directed that summons be issued against Prakash Dawda and Jitendra Goyal in relation to offences punishable under Sections 420, 422, 423 and 406, IPC. The Court below also directed that against the rest of the accused persons summons be issued in relation to offences punishable under Section 448/406, IPC. The present applicants being aggrieved by the said order dated 11-1-99 have come to this Court seeking quashment of the proceedings.