RAJ SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a petition filed by the petitioner u/s 482 of Cr. P. C. for setting aside the order dated 14. 5. 2007 passed by the learned Magistrate in a case bearing No. 89/96 titled State Vs. Sushil Gupta and summoning the present petitioner u/s 319 of the Cr. P. C. for facing the trial along with co accused sushil Kumar Gupta for an offence u/s 420 IPC. The petitioner has also challenged the subsequent order dated 31. 10. 2007 by virtue of which the learned magistrate has issued non-bailable warrants against the present petitioner.

(2.) BRIEFLY stated the facts leading to the filing of the present case are that a complaint was lodged for an offence of cheating, criminal misappropriation and criminal intimidation by one Hazari Lal against one Sushil Kumar Gupta and raj Singh, the present petitioner. It was alleged in the said complaint that in the beginning of October, 1994, the present petitioner Raj Singh and Sushil kumar Gupta had offered to sell a plot of 250 sq. yds, situated at Hauz Khas village to the respondent/complainant. It is alleged to have been claimed that the said plot belonged to the present petitioner. It is alleged that the total sale consideration for which the plot was to be sold to the complaintant was fixed at Rs. 43,75,000/- out of which an advance of Rs. 5 lacs is purported to have been given on 15. 10. 94 and another sum of Rs. 5,50,000/- is purported to have been given on 17. 10. 94. Both these amounts were duly acknowledged by Sh. Sushil Kumar Gupta.

(3.) IT is further alleged that in the meantime, the petitioner and Sushil Kumar gupta is alleged to have offered another plot of land situated at Gujjar Diary, gautam Nagar for a total sale consideration of Rs. 7. 5 lacs to the complainant out of which an amount of Rs. 3. 65 lacs is alleged to have been paid to him. The case of the complainant is that after he was made to part with the amount as stated above, these two persons had actually shown the forged title deeds of a piece of land at Hauz Khas and both these persons are stated to have been cheated by the complainant. On the basis of this, an FIR u/s 420/468/471 IPC was registered and the matter was investigated.