ISHAK KHAN Vs. HAZRAT ALI AND ORS.

JUDGEMENT

(1.) THE present petition is directed against the revisional order dated 3.8.2013 passed in Criminal Revision No. 26/13 in connection with CC No. 70/1 whereby the order of the Metropolitan Magistrate dated 15.2.2013 for registration of the FIR against the respondent Nos. 1 to 3 was set aside.

(2.) THE revisionist had filed a complaint bearing CC No. 70/1/11 under Section 200 of the Code of Criminal Procedure on 12.10.2011 along with an application under Section 156(3) of the Code of Criminal Procedure for offences under Sections 420/467/468/471 and 34 of the IPC against respondent Nos. 1 to 3.

(3.) IT was averred in the complaint that respondent No. 1 was initially not ready to accept the cheque but later agreed to keep the cheque as security with a promise to return the cheque when cash payment of the entire sale consideration would be made. The petitioner thereafter arranged for entire balance amount of Rs.1,85,000/ - and went to the house of respondent No. 1 for giving the same to him. Respondent No. 1 was not available at home. The revisionist/petitioner contacted respondent No. 1 on phone who asked the petitioner to make the payment to his son i.e. respondent No. 3 and receive the aforementioned cheque which was accepted as security and also to take receipt of the amount paid by the petitioner. Pursuant to such a direction of respondent No. 1, respondent no.3 received the cash amount of Rs.1,85,000/ - from the petitioner and handed over the cheque to him. Before handing over the cheque, signature was appended by respondent No. 3 behind the cheque as a receipt of his having received the total amount of Rs.2,90,000/ - towards full and final payment of the entire consideration amount. Thereafter, it has been alleged in the complaint that the plot was handed over to the petitioner who raised a boundary wall and constructed a room. This was done before the execution of the conveyance deed.