RAJENDRA AGRAWAL Vs. SUMAN AGRAWAL

JUDGEMENT

(1.) The applicant/accused has filed this petition under section 482 of the Cr.P.C being aggrieved by the order dated 7.3.2012 passed by the Addl. Sessions Judge, Pipariya, district Hoshangabad in Criminal Revision No.20/12 affirming the order dated 3.1.2012 passed by the Addl. Chief Judicial Magistrate, Pipariya in criminal case No.2/09 whereby on evaluation of the evidence recorded before charge in a private complaint of the respondent, the charges of section 420 of the IPC has been framed against the applicant.

(2.) The facts giving rise to this petition in short are that the respondent herein filed a private complaint under section 200 of the Cr.P.C in the trial court contending that she is residing in the house situated in Narmada Colony at Sadiya Road which was purchased by her through registered sale -deed from its earlier owner in the year 1992. The applicant, being her neighbor, was giving her respect as sister and taking advantage of such relation, after taking her into confidence, with intention to commit fraud, he took her to the Bank. Before taking her to the Bank, he assured her that she has to only identify him in the Bank, on which, C.C limit shall be extended to him. He also told her that a person having the immovable property is required to introduce him in the Bank for extending the aforesaid limit. Under such assurance of the applicant, she went to the Bank with him where, with dishonest intention, by practicing fraud with her, the original document of title of her house was taken by him and kept with the Bank. Her signatures were also taken on some paper in the Bank. Subsequently, on demand, when the sale-deed was not returned by the applicant then she inquired about it from the Bank then only she came to know abut the aforesaid fraud of the applicant committed with her. In such circumstances, the above- mentioned complaint along with necessary documents was filed by the applicant.

(3.) After recording the statements of the complainant under section 200 and her witnesses under section 202 of the Cr.P.C, the cognizance for the offence of section 420 of the IPC was taken against the applicant. He was summoned, on which, he appeared before the trial court. Thereafter, it being a warrant case, the before-charge evidence was recorded. On appreciation of the same, the prima facie ingredients of section 420 of the IPC are made out, on which, the charge of such section was framed against the applicant. Being dissatisfied with such order, the applicant filed the criminal revision before the subordinate sessions court. On consideration, by affirming the order of the trial court, the same was dismissed, on which, the applicant has come to this court with this petition.