JAMIL Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) The opposite party no. 2 filed an application under Section 156(3) Cr.P.C. which was converted into a complaint case by the learned Magistrate. It was alleged that the opposite party no. 2 the complainant is a Doctor by profession, on attaining the age of superannuation retired as Head of a Department of a Medical College at Agra, thereafter, commenced private practice at Agra.

(2.) It is further alleged that the opposite party no. 2 is the owner and in possession of House No. 177/6/Q, Sharda Nagar at Kanpur Nagar. The complainant received summons in a suit instituted by the applicant for recovery of Rs. 11,51,000/- and for permanent injunction restraining the complainant from disposing or selling the property in dispute until the sum is not returned. It was further alleged that the opposite party no. 2 visited the civil court and upon perusal of the record of the suit it transpired that the applicant in connivance with the other co-accused committed forgery by preparing a receipt of the sum purportedly to have been advanced to the complainant for sale of the property at Kanpur. It was alleged that the accused are neither known nor have ever met the opposite party no. 2, therefore, on the basis of a forged and manufactured document an attempt was made to grab the property at Kanpur, taking advantage of the fact that the applicant is residing at Agra. Learned Magistrate upon the statement of the complainant under Section 200 Cr.P.C. and of the witnesses under Section 202 Cr.P.C., summoned the applicant by order dated 08 March 2016, which is impugned in the petition.

(3.) It is sought to be urged by the learned counsel for the applicant that the case primarily is of a civil nature and the criminal case has been instituted to coerce the applicant to withdraw the suit, further, the complainant/opposite party no. 2 has already been put in appearance in the suit by filing written statement reiterating the facts that has been stated in the complaint. The learned Magistrate without application of mind has taken cognizance.