AJAI BANSAL Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) This application under S. 482, Cr. P.C. has been moved for quashing the complaint in case Crime No. 283 of 1991 under Ss. 420, 467, 468, 472 and 120-B, I.P.C., Virendra Kumar v. XIth Additional Chief Judicial Magistrate, Agra.

(2.) It appears that Virendra Kumar Opposite Party No. 1 filed a complaint against the applicants and one Prabhat Kumar Sharma, Sub-Registrar, Agra under Ss. 420, 467, 471 and 120-B, I.P.C. with the allegation that he and his brothers Surendra Kumar, Mahendra Kumar and Rajendra Kumar were co-sharer of 1/4th share each of plot No. 602/2. Applicant No. 1 entered into an agreement to purchase above plot and issued two cheques of Rs. 50,000.00 and sale deed was to be executed. Subsequently, signatures of Surendra Kumar and Mahendra Kumar were obtained by applicant No. 1 on two blank stamp papers of 25 paise each. Subsequently, it transpired and applicant No. 1 in connivance with other applicants and the Sub-Registrar prepared a forged sale deed in the name of Mahendra Kumar and Surendra Kumar for entire plot fraudulently and got it registered at the office of Sub-Registrar.

(3.) The opposite party No. 1 Virendra Kumar examined himself under S. 220 and his witnesses under S. 202, Cr. P.C. The learned Magistrate on considering the evidence under Ss. 200 and 202, Cr. P.C. summoned the applicants for trial under Ss. 420, 467, 468, 471 and 120-B, I.P.C., vide order dated 14-10-1991. The applicants challenged the above summoning order in criminal revision before the Sessions Judge. The learned Sessions Judge rejected the revision, vide order dated 6-1-1993.