KAMAL SINGH RANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In this application, preferred under Section 482 of the Code of Criminal Procedure, 1973, the applicant has challenged the entire proceedings of Criminal Case No. 19 of 2019, State v. Kamal S. Rana, pending before the Court of Judicial Magistrate, Narendra Nagar, Tehri Garhwal.

(2.) The factual matrix of the case is that Sri. Ram Dayal (father of respondent no. 2) met with the applicant on 10.12.2013. The applicant assured him that he is the owner of land Khatauni Khata No. 69 Khasra Nos. 46 and 47 Min. Accordingly, the agreement was executed between the parties on 10.12.2013 for purchasing the said land. As such, a sum of Rs. 12.00 lakh was given by the father of respondent no. 2 to the applicant. Three sale deeds were executed in favour of respondent no. 2 Satish Kumar, Sunil Kumar (brother of respondent no. 2) and one Ummed Singh, however, they could not get the possession. Thereafter, those purchasers then met with the applicant who became ready to buyback the property. Accordingly, the agreement was executed on 21.11.2014 amongst the applicant and those three purchasers.

(3.) Copy of the said agreement dated 21.11.2014 is on record filed by respondent no. 2. On the basis of said agreement, three cheques issued in favour of the respondent no. 2 by the applicant were bounced.