SMT. DURGESH BANSAL Vs. STATE

JUDGEMENT

(1.) THE case of the prosecution is that the petitioners either forged or got forged the signatures and stamp of Sh. R.K. Khatri, Advocate on the documents purporting to be executed by Smt. Shanti Devi Bansal, mother of the petitioner Anil Kumar Bansal in favour of Anil Kumar Bansal. A perusal of the Power of Attorney and affidavit purporting to be executed by Shanti Devi Bansal would show that the stamp papers have been purchased on 9th September, 2002. The attestation by Sh. R.K. Khatri, Notary Public is dated 7th September, 2002. Prima facie, a document stamp paper for which was purchased for 9th September, 2002 could not have been attested by Sh. R.K. Khatri on 7th September, 2002. Signatures of Sh. R.K. Khatri were taken during the course of investigation and sent to FSL and it has been reported that the questioned signatures are not the signatures of Sh. R.K. Khatri. In any case, this is not the case of the petitioners that these documents bear genuine signature of Sh. R.K. Khatri, Notary Public.

(2.) AS per the receipt issued, Smt. Shanti Devi Bansal, mother of the petitioner Anil Kumar Bansal sold her half share in the first floor of property bearing Municipal No. 29 built on Plot No. B -3 measuring 217.5 Sq. Yds. for a total consideration of Rs. 50,000/ -. Admittedly, no payment to Smt. Shanti Devi Bansal has been made by way of a cheque or Pay Order and case of the petitioner Anil Kumar Bansal is that he paid the entire sale consideration of Rs. 50,000/ - in cash to his mother. Ordinarily, atleast part payment is made by cheque Pay Order, in transactions involving sale/purchase of immovable property so as to have some documentary proof of payment of consideration. Moreover, prima facie it is difficult to accept that half share in the first floor built on plot measuring 217.5 Sq. Yds. could be sold for Rs. 50,000/ - even in September, 2002.

(3.) THE Investigating Officer requires custodial interrogation of the petitioner Anil Kumar Bansal to find out how the signatures and stamp of Sh. R.K. Khatri came to be forged on the documents purporting to be executed by Smt. Shanti Devi Bansal. He also wants to ascertain who were the other persons involved in forgery of the signatures and stamp of Public Notary on these documents. Unless custodial interrogation of the petitioner Anil Kumar Bansal is carried out, it will not be possible for the Investigating Officer to unearth the conspiracy pursuant to which the signatures and stamp of Public Notary came to be forged on the documents.