RAMNATH TIWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the proceedings of criminal case no.2653 of 2003, State vs. Ramnath Tiwari, under Sections 420, 467, 468, 471 and 447 IPC pending in the court of Chief Judicial Magistrate, Dehradun.

(2.) AN FIR was lodged by respondent no.2 (Madan Mohan Kukreti) against 7 named accused persons, including the present applicant on 17.07.2003, which was registered as case crime no.169/2003 for the offences punishable under Sections 420, 467, 468, 471 and 447 IPC, at Police Station Dalanwala, District Dehradun. After the investigation, a charge -sheet was submitted against the accused persons for the selfsame offences on 21.09.2003. The cognizance was taken by the Chief Judicial Magistrate, Dehradun and accused -applicant was summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused -applicant.

(3.) IT was alleged by the informant (respondent no.2 herein) in the FIR that the accused -applicant was a broker, who dealt with the sale and purchase of landed properties. Accused -applicant took commission in cash from the informant (respondent no.2 herein) and helped in purchasing a plot at Dehradun. Since the informant remained in Jammu and Kashmir for most of the time, therefore, it became difficult for him to look after his plot. Accused -applicant, in connivance with co -accused, prepared a forged power of attorney and sold his plot to one Shailja Joshi. A fictitious sale deed was executed on 29.11.1997. Since the said land was mutated in the name of the complainant, therefore, accused persons did not mention the measurement of land in the fictitious sale deed. It was only mentioned that area of the land was 198 sq.m. but the length and breadth of the land was not indicated therein. This land was mutated in the name of Shailja Joshi, who trespassed into the complainant's land and got a house constructed over it unauthorisedly. When the complainant went to see his plot alongwith his wife on 04.05.2000, he found that some unauthorized construction was being done over the land, which belonged to the complainant and not Shailja Joshi. The complainant filed an application before the police station Dalanwala. On hearing about lodging of FIR, accused -applicant came to the complainant on 06.05.2000 and admitted that the accused persons trespassed into his land. A settlement took place between him (complainant) and Ramnath Tiwari. The complainant agreed to settle the dispute in lieu of Rs.1.13 Lakh. The settlement deed was drafted by Mr. Awadh Bihari, Advocate. Accused -applicant gave him two cheques of Rs.35,000/ - and Rs.78,000/ -. When the first cheque of Rs.35,000/ - was presented in the bank, the money was withdrawn by the complainant. But, the second cheque of Rs.78,000/ - could not be encashed, as a result of which the complainant was compelled to institute a criminal complaint case in the court of Chief Judicial Magistrate, Dehradun. The applicant filed objections in the said complaint stating, among other things, that the sale deed was not registered. When the accused -applicant met the complainant on 17.07.2003, he told the complainant sarcastically that he (complainant) has been befooled. The accused persons, therefore, conspired to cheat the complainant and duped him of his money.