SUKHBEER SINGH CHAUDHARY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of present petition under section 482 of Cr.P.C., petitioner is assailing summoning order dated 14.05.2009 passed by Judicial Magistrate, Hardwar in complaint case no.219 of 2009 whereby learned Magistrate directed to summon the accused under section 420, 120 B I.P.C.

(2.) The brief facts of the case are that petitioner (accused) persuaded the complainant to purchase a house for Rs.15.00 lacs saying he is the owner of the house while he was not. Not only this, accused has received Rs.3,75,000/- from the complainant.

(3.) Having heard Sri Mohinder Singh Bisht and having perusing the material on record, I find, offence under section 420 IPC is made out. One aspect is sufficient to make the offence of cheating i.e. Sukhbeer was not owner of the property and even then he induced the complainant to pay Rs.3,75,000/- to the accused by playing fraud.