NARESH JAIN Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of above mentioned writ petition and bail application filed by the petitioner. The writ petition is filed for quashing of FIR No. 76/2009 and order dated 21.02.209 of MM whereby the learned MM had directed for registration of FIR under section 153(6) of Cr. P.C. against the petitioner under section 420, 467, 468, 471 and 120 -B IPC.

(2.) THE complainant Satish Kumar Jain made a complaint before the Metropolitan Magistrate whereupon the Magistrate ordered for registration of the FIR. Revision against the order of MM came to be dismissed by the Court of learned ASJ vide his order dated 18.05.2009.

(3.) AT the time of execution of agreement and also sale deed it was represented to the complainant that the original sale deed in the name of Surinder Kanta Jain has since been lost and a public notice was also given in this regard in newspaper Navbharat Times on 9.8.1995. After the purchase of property, the ownership rights were re -organized and co -vendee i.e. Rajni Jain relinquished her ownership rights in favour of the complainant and his wife Manila Jain. The property was mutated in the names of new owners with effect from 1998 in MCD records. It is alleged by the complainant that fact of the property being already mortgaged by the petitioner came to his knowledge in April, 2006 when the valuers M/s HCA Technology Service Pvt. Ltd. visited the property for preparation of valuation report. After learning this fact, the complainant sent a legal notice dated 19.05.2006 to Indian Overseas Bank asserting his ownership rights, which was replied on 12.04.2007 reasserting the facts of the property being mortgaged by the petitioner. It was learnt by the complainant that the loan with regard to the property was taken over by Indian Overseas Bank from Punjab National Bank.