AMAR SINGH RAJPUT Vs. CHANDRAKANT SINGH

JUDGEMENT

(1.) The applicant has preferred the present petition under Section 482 of Cr.P.C. against the order dated 30.3.2013 passed by the learned Judicial Magistrate First Class, Jabalpur in unregistered criminal complaint case of the year 2010 (Amar Singh Rajput Vs. Chandrakant Singh & others) whereby the complaint filed by the applicant for the offence under Sections 420, 467, 468, 471 read with Section 34 and 120-B of IPC was dismissed under Section 203 of Cr.P.C. The applicant has also challenged the order dated 26.9.2013 passed by the learned 8th Additional Sessions Judge, Jabalpur whereby the Revisionary Court directed the trial Court to register the complaint under Sections 468 and 471 of IPC.

(2.) The brief facts of the case are that the applicant moved a criminal complaint before the trial Court that a contract took place between the applicant/ complainant and one Narendra Kumar Dubey and his associates that Narendra Kumar Dubey would sell a property in the tune of Rs.7 lakhs and in the contract an overwriting was done and sale price was shown to be Rs.9,48,000/-. The applicant did not have any knowledge that a fake sale price was shown in the sale deed by manipulation. Thereafter a loan of Rs.7,50,000/- was also passed by the respondents No.1 and 2. It was alleged that for seeking higher loan, the sale price was shown to be at higher side. After getting a sum of Rs.5,20,000/- from the Bank, the respondents No.3 to 5 did not start construction and they were not intended to provide that property to the applicant. The applicant has also moved an application before the Consumer Forum, and therefore vide order dated 30.6.2010 the Consumer Forum directed the applicant to pay a sum of Rs.1,80,000/- to the respondents No.3 to 5 and also deposit the installments of the loan and thereafter he would be entitled to get the possession of the property. Hence, the applicant has pleaded that a cheating was done and forgery in the contract deed was made by the respondents. Therefore, a complaint for the offence under Sections 420, 467, 468, 471 read with Section 34 and 120-B of IPC was filed against the respondents.

(3.) The learned JMFC Jabalpur after considering the evidence under Sections 200 and 202 of IPC vide order dated 30.3.2013 directed that the matter was of civil nature and no offence was made out, therefore dismissed the complaint under Section 203 of Cr.P.C. The learned 8th Additional Sessions Judge, Jabalpur vide order dated 26.9.2013 partly allowed the revision and directed the trial Court to register the case under Sections 468 and 471 of IPC and to proceed with the case.