SATISH JAIN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The challenge under Section 482 of Criminal Procedure Code (for the short 'Cr. P. C.') is the order of the learned Chief Judicial Magistrate. Udham Singh Nagar dated 14-11-2003 (annexure 11 to the petition) passed in complaint case No. 5292 of 2003 Ashok Kumar Khurana v. Dr. Satish Jain and others P. S. Rudrapur district Udham Singh Nagar by which the learned Chief Judicial Magistrate took the cognizance and summoned the applicants under Sections 420 and 406 IPC.

(2.) The facts in brief relating to these petitions are that the respondent No.2 Ashok Kumar Khurana filed complaint case No. 5292 of 2003 in the Court of Chief Judicial Magistrate, Udham Singh Nagar against the applicants and Smt. Manju Jain under Sections 420/406 IPC. It is alleged that the respondent No.2 was resident of Adarsh Colony Rudrapur (Udham Singh Nagar). It was alleged that the relations between the parties were cordial and the applicants generally used to visit the house of the respondent No.2. It is alleged that the respondent No.2 asked the applicants to sell a plot at Faridabad, Haryana. On 6-10-2002 the accused persons came at the residence of the complaint and asked the complainant to purchase plot No. 35 situated in Sector 21 A area 1050 square yards at Faridabad. On 8-10-2002 the complainant -respondent No.2 went at Faridabad and the accused persons went to show the plot. On 21-10-2002 the parties agreed to sell the plot for a consideration of Rs. 20 lacs out of which a sum of Rs. 2 lacs was paid in advance for which an agreement was executed between the parties and the balance amount was to be paid on 20-6-2003. The complainant respondent on 1-6-2003 informed the applicants that he will pay the balance amount and they should be ready for execution of the sale deed. When the applicants refused to execute the sale deed on telephone he went on 2-6-2003 at the residence of the applicant and he saw that there was a construction over the said plot.

(3.) The learned Magistrate recorded the statement of the complainant on 6-10-2003 under Section 200 Cr. P. C. and, Yograj Arora (CW2), Mohit Kumar (CW 3) u/S. 202 Cr. P. C. in which the witnesses narrated the story as indicated above. The complainant also filed the copy of the agreement. The learned Magistrate held that there are sufficient reasons to summon the accused and passed the impugned order summoning the applicants accused under Section 420/406 IPC fixing 29-12-2003.