FAKIR CHANDRA MAHROTRA Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. The present ap plication has invoked the power of this Court under Section 482, Cr. P. C. to quash an order dated 13-7-95 passed by the IIIrd Judicial Magistrate, Allahabad, in Case No. 2916 of 1994 as also for quashing the entire criminal proceedings therein.

(2.) THE aforesaid case was started on the basis of a report lodged by S. P. Gupta, the present opposite party No. 2, in his capacity as a Secretary, Surya Sahkari Avas Samiti Ltd. , Allahabad. It was stated in the report dated 14-8-93 that the present applicant, Fakir Chandra Mah rotra, was the owner of certain plots within police station Dhoomanganj, dis trict Allahabad, he entered into an agree ment with M/s. Surya Sahkari Avas Samiti for sale of these lands and the agreement was registered on 4-10-90. THE proposed vendor allowed the proposed vendee to open a Branch Office of the Society on the land proposed to be sold and the proposed vendee started development work there on. THE present applicant had received a sum of rupees two lacs from the aforesaid society. Subsequently the proposed ven dee collected the rest of the consideration money and desired that the applicant should execute the sale-deed and sent a notice therefor, the present applicant failed to execute the deed as agreed, rather he started interfering with the work of the aforesaid Society. Being apprehensive of the mala fides of Fakir Chandra Mahrotra the aforesaid society started making en quiry into the matter and could come to know that this very applicant had on 25-10-82 entered into an agreement for sale of these very plots to another Housing Society and had taken an advance of rupees fifty thousand from them. At the time of the entering into the agreement with the complainant society the fact of the earlier agreement was completely sup pressed. In addition thereto Fakir Chandra Mahrotra, in suppression of all these agreements, made an application to the Allahabad Development Authority in dicating that he was having the aforesaid plots for being acquired by the AD. A. THE matter is under enquiry by the A. D. A. THE present applicant had played a deception on the complainant-society and had taken money from them which was paid as a result of that deception. It was indicated that there was some dispute regarding possession of the property and the com petent Executive Magistrate had started a proceeding under Section 145, Cr. P. C. and the land in question has been attached for maintaining peace.

(3.) SECTION 420, Indian Penal Code speaks of punishment for cheating. Cheat ing becomes punishable under this Act when it is associated with dishonest in ducement of the person deceived to deliver any property to any person. Cheating has been defined in SECTION 415 I. P. C. which reads as follows: SECTION 415 I. P. C. whoever, by deceiv ing any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit, if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. An explanation to this SECTION states that a dishonest con cealment of fact is a deception within the meaning of this section. Offences punish able under SECTIONs 467 and 468 I. P. C. are of forgery of valuable security etc. , and forgery for the purpose of cheating. Forgery has been defined in SECTION 463 I. P. C. its state that whoever makes any false document or part of a document, with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to com mit fraud or that fraud may be committed, commits forgery. The next SECTION 464 states that a person is said to make false document, firstly, when he dishonestly or fraudulently makes signs, seals or executes a document or a part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed or by the authority of a person by whom or by whose authority he knows that it was not made signed, sealed, or executed, or at a time at which he knows that it was not made, signed, sealed or executed or secondly, when he without lawful authority dishonestly or fraudulent ly, by cancellation or otherwise, alters a document in any material part thereof, after it has been made or executed either by himself or by any other person, whether such person be living or dead at the time of such alteration or thirdly, when he dishonestly or fraudulently causes any per son to sign, seal, execute or alter a docu ment, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know contents of the document or the nature of the alteration.