ISHWARLAL Vs. PANDIR

JUDGEMENT

(1.) The petition is filed to challenge the judgment and order of Criminal Revision Application No. 33/2002, which was pending in the Court of Additional Sessions Judge, Jalgaon. The Additional Sessions Judge has dismissed the revision, which was filed against the order of issue process made in R.C.C. No. 69/2001, which was pending in the Court of Chief Judicial Magistrate, Jalgaon. Both the sides are heard. The private complaint bearing R.C.C. No. 69/2001 is filed by respondent No. 1 for the offences punishable under sections 420, 471, 468 and 34 etc. of I.P.C. The order of issue process is made for offences punishable under section 420, 468 and 471 r/w. 34 of I.P.C. It is the case of the complainant that there is a dispute between the complainant and respondent in respect of agricultural land bearing Survey No. 476 (Gat No. 1408) situated at Pahur, Tahsil Jamner, District Jalgaon. It is the case of the complainant that the land is in possession of his family since 1972. It is contended that on 16.10.1989 accused Nos. 1 to 3 created false sale deed and caused wrongful loss to the family of complainant in respect of the aforesaid land. It is contended that accused created false power of attorney document in favour of Ramchandra Badrinarayan Marwadi. It is contended that such person was not in existence, but the power of attorney was created and by using the power of attorney document, sale deed was executed in favour of accused Nos. 1 to 3.

(2.) It is the case of the complainant that this power of attorney document was used in civil suits filed by the complainant in respect of the same property. It is contended that when the complainant made inquiry and witness summons was issued against Ramchandra Badrinarayan Marwadi and also Kisanlal Hiralal, it transpired that such persons were not in existence.

(3.) Copies of some plaints and evidence given on affidavit are produced. They include copy of affidavit filed by one of the accused. It shows that they believed that said Ramchandra Marwadi was holding document of power of attorney issued by Kisanlal Hiralal and so they purchased the property on the basis of the document of power of attorney. It shows that no confirmation was done about the firm which was allegedly the owner of the property in the past. The affidavit shows that the accused had not seen Ramchandra Marwadi in the past and the persons from Jamner had refused to identify and prepare any document for this person.