YOGESH KUMAR Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has prayed to issue writ of certiorari quashing the impugned FIR dated 5.7.2010 lodged as FIR No. 50/2010 under Section 420/504/506 IPC.

(2.) HEARD learned Counsel for the parties and perused the entire material on record.

(3.) LEARNED Counsel for the petitioner argued that the petitioner has been falsely implicated in the above case. Learned Addl. G.A. for the State opposed the submission raised by learned Counsel for the petitioner and stated that the petitioner cheated the complainant for Rs. 6.40 lacs. The petitioner, in connivance with co -accused, made an agreement to sell with the complainant even while knowing that the said land was already been mortgaged with the Almora Urban Bank Haldwani for Rs. 30.00 lacs and even Rs. 29.50 were even yet to be paid by the petitioner and he cheated the petitioner to the tune of Rs. 6.40 lacs and even Rs. 60,000/ - were also spent by the complainant in constructing a boundary wall. When the complainant enquired about the same from the petitioner, he was threatened to his life.