MUKESH GUPTA Vs. DALJEET SINGH UBEROI

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of the order dated 04.09.2010 by which they were summoned by the learned Metropolitan Magistrate in complaint case No.1797/01/07 for committing offence under Section 447 IPC.

(2.) I have heard the learned counsel for the parties and have examined the record. It reveals that the respondent filed complaint case against the petitioners for committing offences under Sections 420/468/470/471/420B read with Section 378/447/446 IPC. The respondent alleged that he and his two brothers applied for an industrial plot with Delhi State Industrial Development Corporation (for short DSIDC ) in 1976-1977. He with his brothers R.P.Uberoi and H.S.Uberoi formed a partnership in the name and style of M/s Roop Pal & Brothers. The industrial plot was allotted to M/s Roop Pal and Brothers in 1990. Construction on the plot could not be carried out due to non-availability of water and electricity. Huge amount was spent on raising construction in 1994-95. The complainant further averred that he used to visit the plot earlier but due to some family problems and health reasons, he was unable to regularly visit it. His two brothers used to take care of the plot. He shifted his machinery and equipment from his factory at Rajouri Garden to the industrial plot in question. In 2000, when he visited the plot, he found that some persons were running the factory. They had illegally occupied it. False and fabricated partnership deed was executed by them in the year 1992-93 and they took illegal possession of the plot. The original partnership in the name and style M/s Roop Pal & Brothers was never dissolved. Several complaints were made against the accused/petitioners but in-vain. The Complainant appeared as CW-1 and examined CW-2- R.D.Sharma from DSIDC in his pre-summary evidence. Vide order dated 04.09.2010, the learned Magistrate found that the petitioners had prima facie committed the offence under Section 447 IPC and summoned them.

(3.) Contention of the learned counsel for the petitioners is that the Industrial plot in question was sold by M/s. Roop Pal and Brothers in 1996 to Ramesh Chander and necessary documents were executed in his favour on 11.03.1996 by Roop Pal Uberoi and Harpal Singh Uberoi. The partnership firm M/s Roop Pal and Brothers consisted only of Roop Pal Uberoi and Harpal Singh Uberoi. An information was given to DSIDC on 28.01.1992. Plot in question changed hands thereafter to different purchasers. The petitioners purchased the plot in question from Mrs.Rajni Ghai who executed necessary documents in their favour. They further sold the said property to Raj Kumar Garg on 28.12.2007 and executed various documents in his favour. Vacant possession of the premises in question was handed over to him. Raj Kumar Garg is in possession of the premises/plot since 21.11.2007.