KAMLENDRA SINGH Vs. SANGHI BROS PVT LTD

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of Cr. PC for quashment of the proceedings of Complaint Case No. 445 of 2004 pending in the Court of Judicial magistrate First Class, Indore, wherein the petitioner is an accused and respondent herein is the complainant.

(2.) THE learned Trial Magistrate has registered a case for commission of offences under Sections 415,420 and 477 of the Penal Code and issued summons to the petitioner herein. Feeling aggrieved by the impugned order dated 16-2-05, petitioner has filed this petition. Respondent Sanghi Brothers, Indore (hereinafter referred to as 'the complainant') has filed a complaint against the petitioner (hereinafter referred to as 'the accused') wherein it has been stated that the accused in the month of November, 1988 contacted the complainant and pursued him to enter into a memorandum of understanding. The accused had told the complainant that his elder brother Surendrasingh is the owner of house No. A-9/29 Vasant vihar, New Delhi and had executed a Will in favour of the accused regarding the said house property. It was also stated that on the basis of the alleged Will accused is going to receive 55% of the ownership in the said house property. It was also informed that Ms. Jyoti Rathore d/o late Shri Surendra Singh has also filed a petition for getting the Letters of Administration before Delhi High Court on the basis of a Will dated 28-3-1996. The accused has also filed a petition before this Court for getting Probate Certificate that on the basis of Will dated 5-11-1984 executed in his favour he has 55% share in the said house property. At that time the accused with criminal intention and fraudulently for the purpose of deceiving the complainant withhold information regarding pendency of a civil suit which was filed in the Court Addl. District Judge, Alirajpur by his sister Ms. Rohini Kumari in which reliefs of declaration, partition and permanent injunction were claimed with regard to the whole property including the property situated at Alirajpur in which the accused was also a party and was continuously attending the proceedings. The another information was also withhold by the accused that Dilipsingh, Madhosingh and Vijaysingh were uncles of the accused also claiming shares in the properties of Late Surendra Singh as they are also legal representatives in the civil suit pending in the Court of Addl. Distt. Judge, Alirajpur.

(3.) IT has also been averted in the complaint that Late Surendra Singh had also executed a Gift-deed which has been kept in the custody of A and Z grinsland Bank, Sansad Marg, New Delhi and was to be opened after the death of Surendra Singh. Accused was having full knowledge with regard to the execution of the Gift-deed, but, he withhold this fact also deliberately and intentionally at the time of entering into the Memorandum of Understanding with the complainant.