JAGDISH PRASAD SHARMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is a petition on behalf of one Jagdish Prashad Sharma allegedly involved under Sections 420/467/468/471 Indian Penal Code read with Section 120-B relating to FIR No. RC 1(S)/95 registered by the Central Bureau of Investigation on 20.1.95.

(2.) Before dealing with this petition on merits it would be appropriate to state some facts which have emerged during the course of arguments and are relevant for disposal of the petition. The petitioner Jagdish Prashad Sharma came to be a tenant in the first floor of House No.N-224, Greater Kailash, Part I of one Smt. Manjit Kaur on 1.1.1981. There was some dispute about rent and the same went to the adjudication of Rent Control Authorities and ultimately the rent was fixed at the rate of Rs. 435.00 per month though, according to the landlady Smt. Manjit Kaur, the premises were taken at a rent of Rs. 1,800.00 per month. The ground floor of the said house was on rent with some third person but later on it came into possession of the landlady. The second floor of the said house was already in the possession of the landlady. There is no dispute that the landlady Smt. Manjit Kaur resides at Chandigarh

(3.) Two documents came into existence - one on 16.1.1989 and the other on 25.1.1990. The documentdated 16.1.1989 is said to be a Power of Attorney allegedly executed by said landlady Smt. Manjit Kaur in favour of one Mahabir Prashad. The other document dated 25.1.1990 is an agreement to sell allegedly executed by the landlady Manjit Kaur in favour of Jagdish Prashad Sharma, the tenant who is the petitioner here. This document relates to the aforesaid House No. N-224, Greater Kailash Part 1. The consideration was Rs. 3,10,000.00 out of which Rs. 10,000.00 was said to have been paid by Jagdish Prashad Sharma to Smt. Manjit Kaur by cheque. The cheque was deposited in the account of Smt. Manjit Kaur and after clearance an amount of Rs. 9,973.00 was credited to the account of Smt. Manjit Kaur on 15.6.90. Thereafter, on 3.8.90 Rs. 10,000.00 were debited to the account of Smt. Manjit Kaur on the basis of clearance of a cheque.