JAGDISH KAPILA Vs. RAJ KUMAR

JUDGEMENT

(1.) Petitioner impugns charge framed against the petitioner on 13.12.2013 whereby petitioner has been charged of an offence under Section 447 IPC.

(2.) Learned counsel for the petitioner submits that the Trial Court has erred in framing a charge and not appreciating that petitioner was the allottee and in possession of the subject shop and there is no document or material to show that respondent/complainant was ever in possession of the shop.

(3.) Learned counsel further submits that the continuance of proceedings would be a harassment of the petitioner who is admittedly the recorded lessee of the petitioner from NDMC and on a mere bald statement, the FIR has been registered. He further submits that petitioner had filed a suit for permanent injunction seeking a restraint on the complainant from interfering in the peaceful possession of the petitioner and from dispossessing him from the property and said suit has been decreed by judgment dated 05.05.2015.