HORAM SINGH Vs. RAMAN MONGA

JUDGEMENT

(1.) By this petition filed under Section 482 of Cr. P.C. the petitioner has sought to challenge the order dated 23.07.2015 passed by learned Additional Session Judge, Tis Hazari Courts, Delhi in Crl. Revision No.161/3, whereby the order passed by learned Additional Chief Metropolitan Magistrate summoning the petitioner in CC No.138/P/14 was upheld.

(2.) The brief facts necessary for disposal of the present petition are that the respondent has filed a complaint u/s 200 Cr.P.C. alongwith application under Section 156(3) Cr.P.C. for the offences punishable under Section 420/467/468/471/506/120B IPC against three accused persons (including petitioner herein) with contention that he was induced by petitioner Horam Singh to enter into a Collaboration Agreement with alleged Ved Prakash Mahna and his wife Kiran Mahna in respect of property bearing No. 29/39, West Patel Nagar, New Delhi. As the said property was in old structure, Ved Prakash Mahna offered him to demolish the entire property and reconstruct the same in four storied building. It is further alleged that as per agreement, after completion of the building, the lower ground floor and upper ground floor were to be retained by Ved Prakash and his wife whereas the first floor and second floor were to be retained jointly by complainant Raman Monga and petitioner Horam Singh. It is further alleged that during the course of said construction work, Ved Prakash fraudulently and dishonestly executed a registered sale deed dated 28.02.2004 in respect of first floor in favour of petitioner Horam Singh and Smt. Kiran Mahna stood witness of the said alleged sale deed. It is further alleged that as per the collaboration agreement the complainant Raman Monga and petitioner Horam Singh were in the joint share of first floor and second floor but the alleged accused persons fraudulently and dishonestly and without the consent/permission of complainant Raman Monga, executed the alleged sale deed in respect of the first floor of the property no. 29/39 in favour of petitioner Horam Singh. Vide order dated 8th August 2011, Trial Court dismissed the application u/s 156(3) Cr.P.C. and called upon the complainant to lead pre -summoning evidence. After obtaining the pre -summoning evidence, Trial Court vide impugned order summoned the accused No. 1 (Ved Prakash Mahna) and accused no. 2 (petitioner) u/s 420 IPC.

(3.) The petitioner filed a criminal revision petition before the Court of learned Additional Session Judge and vide order dated 23.07.2015, wherein the learned Additional Session Judge had dismissed the criminal revision preferred by the petitioner while upholding the order of summoning the petitioner passed by learned Additional Chief Metropolitan Magistrate in CC No.138/P/14 for the offence punishable under Section 420 of IPC. Aggrieved by the same, the petitioner preferred the present petition before this Court.