JAI SHRI MUKARJEE Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the entire proceedings of Criminal Case No.1802 of 2009 pending before Ist Addl. CJM, Haridwar U/s 406/420 IPC and summoning order dated 24.12.2009 passed thereon also be quashed.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In nutshell, the case is that an application u/s 156(3) Cr.P.C. was filed by the complainant before the trial court stating therein that the petitioners agreed to sell the plot in question to him against the sale consideration of Rs.1.35 lacs, for which the respondent no.2 also gave Rs.30,000/- in cash and Rs.1.02 lacs through three cheques, Rs.77,000/-, Rs.5,000/- and Rs.20,000/- respectively and these cheques were also been encashed, and as such Rs.1.32 lacs were given by the complainant to the petitioners while Rs.3,000/- was agreed to be given at the time of execution of sale deed. The complainant several times asked the petitioners to get the sale deed executed but they used to refuse him on one pretext or another. Later the complainant came to know that the petitioners have executed the sale deed in favour of someone else and thereby they grabbed Rs.1.32 lacs given by him to the petitioners. The said application u/s 156(3) Cr.P.C. was rejected by the Ist Addl. CJM, Haridwar on 7.1.2008, against which the complainant/respondent no.2 2 went in revision which was allowed vide judgment and order dated 2.5.2009 passed by the III FTC/Addl. Sessions Judge, Haridwar thereby the order dated 7.1.08 was quashed and the matter was remanded to decide it afresh in light of the observations made in the judgment. Thereafter, vide order dated 29.5.2009, learned Ist Addl. CJM, Haridwar directed the In-charge Inspector Kotwali Ranipur to register and investigate the matter and to submit the report. Thereafter, the matter was investigated and after completion of investigation, charge sheets were filed against the petitioners u/s 406/420 IPC, on the basis of which the learned Ist Addl. CJM Haridwar vide order dated 24.12.09 summoned the petitioners us/ 406/420 IPC. Hence this petition.