RANJEET SINGH RAWAT Vs. SAMBHU PRASAD JUYAL

JUDGEMENT

(1.) Since the controversy involved in both these C482 applications is same, hence, for the sake of brevity and convenience, these petitions are being disposed of by this common judgment.

(2.) By means of present criminal misc. applications u/s 482 Cr.P.C., applicants seek to quash the summoning order dtd. 12/7/2011 passed by A.C.J.M, Dehradun as well as the entire proceedings of criminal case no.6695 of 2010 Sambhu Prasad v. Ranjeet Singh, under Sec. 420 of IPC.

(3.) Brief facts of the case are that the respondent filed a complaint stating that the complainant and his wife took a loan from Canara Bank, Branch Turner Road, for construction of house in plot khasra no.26 measuring 100 sq. mt. situated at Banjarawala Mafi Pargana Central Doon, Dehradun. On 1/4/2008, complainant and his wife entered into an agreement to sale with the accused Ranjeet Singh Rawat in a sale consideration of Rs.18,00,000.00, and also received an amount of Rs.1,50,000.00 towards earnest money. Thereafter, the accused Ranjeet Singh Rawat showed his inability to buy the house and the agreement could not be materialized. The agreement came to an end and the complainant returned the said amount of Rs.1,50,000.00 to the accused. It is further stated that the complainant had mortgaged the papers of the property with the Canara Bank which were to be returned to him after re-payment of loan amount but when the complainant went to the Bank, co-accused K.S. Chauhan told him that he has given original sale deeds to accused/applicant Dharam Prakash Gupta as it was told to him that the loan has been paid by accused/applicant Ranjeet Singh Rawat and that the complainant and his wife have authorized him to take the original documents from the bank. Complainant further alleges that he had not authorized anyone to take the papers from bank. On the complaint, complaint case no.6695 of 2010 was registered. In support of his complaint, the complainant got examined himself u/s 200 Cr.P.C. and u/s 202 Cr.P.C. Vinod Kumar, Senior Manager, Canara Bank, Clementown and Nirmal Punjabi, Assistant Manager, S.B.I, Dharampur, were examined. After hearing the counsel for the complainant and on perusal of the documents filed in support of the complainant, Additional Chief Judicial Magistrate-Ist, Dehradun, vide order dtd. 12/7/2011, summoned the applicants to face trial under Sec. 420 of IPC.