S S JASPAL Vs. SAVITA GULATI

JUDGEMENT

(1.) THE petitioner is aggrieved by an order passed by the Metropolitan magistrate on 25. 05. 2005 dismissing his application under Section 245 (2) Cr. P. C. filed after a period of more than 4 years of the summoning order dated 04. 07. 1997 on a complaint instituted by deceased Shakuntala devi now represented by Shri T. S. Gulati respondent No. 1.

(2.) THE respondents had filed the said complaint against the petitioner and other accused persons including accused No. 1 and 2 on 07. 12. 1996 under Sections 191/192/ 406/420/448 of IPC read with Section 34 thereof, along with Section 340 Cr. P. C. as accused No. 1 and 2 delivered the possession of the property to accused 3 and 4 after delivering possession of the same to the respondents somewhere in May, 1992 under an agreement to sell and executing the relevant documents in their favour duly registered with the office of the Sub-Registrar without the consent of the complainant.

(3.) IN the complaint, it was also alleged that after the execution of the documents for consideration and inasmuch as the respondent having received a sum of Rs. 10,50,000/- out of total sale consideration of Rs. 11,50,000/- accused No. 1 and 2 namely, Shri Lalita Prasad and P. G. Satish delivered the possession of the property to her. The balance amount was agreed to be paid after installation of electricity connection and on payment of house tax arrears by those accused persons. As per the agreement even though the possession was given to the respondents, overall control of the property comprising of a plot No. E 98a measuring 98 sq. yds. Part of khasra No. 98 khatoni 72/75 situated at Sainik Farm in the area of Saidulajab, Tehsil Mehrauli New delhi was kept with that of accused No. 1 and 2 but a chowkidar was appointed whose salary used to be paid by the complainant.