ASHOK KUMAR PATEL Vs. SUDARSHAN PATEL

JUDGEMENT

(1.) This criminal revision preferred on behalf of victim Ashok Kumar Patel is directed against order dated 23.05.2014 passed by the Court of IX Additional Sessions Judge, Jabalpur, in Sessions Trial No.401/2012, whereby accused persons/respondent nos.1 to 4 Sudarshan Patel, Smt. Sew Bai Patel, Choudhary Jitendra Singh and Girish Patel were discharged of the offence punishable under sections 120-B, 191, 196, 420, 463, 467, 468, 469 & 471 of the Indian Penal Code.

(2.) The facts necessary for disposal of this criminal revision may be summarized as hereunder: The petitioner filed a complaint under sections 191, 196, 420, 463, 467, 468, 469 & 471 read with section 34 of the Indian Penal Code in the Court of JMFC Jabalpur against the aforesaid four respondents. Learned Judicial Magistrate First Class directed the SHO, P.S. Panagar, District Jabalpur, to conduct investigation in the matter under section 156(3) of the Code of Criminal Procedure. Pursuant to aforesaid direction, first information report no. 462 dated 16.09.2011 was registered against the respondents and after investigation, final report under section 173(2) of the Cr.P.C. was filed against the respondents.

(3.) The case of the prosecution before the trial Court was that petitioner/complainant Ashok Patel is Sarpanch of the panchayat of village Nunsar and complainant no.2 Munni Bai is his wife. Respondent no.3 Jitendra Singh is brother of Munni Bai. Respondent nos.1, 2 & 3 bore a grudge against the complainant; therefore, the respondents entered into a criminal conspiracy and forged a stamped agreement for the sale of survey nos.12/4 and 29/2 admeasuring 0.83 and 0.14 hectares respectively, situated in village Khamaria, Tehsil Panagar for Rs.4,25,000/-. It was further recorded in the agreement for sale that complainant no.2 Munni Bai had received Rs.50,000/- by way of advance on 03.10.2009. The agreement was purportedly signed by Munni Bai as party no.1 and complainant Ashok Patel as witness. Thereafter, the respondents lodged a report with the police for cheating on the basis of aforesaid forged agreement. However, the police did not take any action against the complainant or his wife. When the complainant learnt about the report, he obtained copy of aforesaid document from police station under Right to Information Act and got it examined by handwriting expert Shri Kelkar. As per the report submitted by Shri Kelkar, the agreement did not bear signatures of complainants Munni Bai and Ashok Patel and the signatures on the agreement of sale were forged ones. Subsequently, the respondents have also filed a civil suit against the complainants for recovery of advance amount of Rs.50,000/-.