AJAY KUMAR Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS revision has been filed by petitioner Ajay Kumar s/o Nathulal being aggrieved by order dated 3-2-04 passed by the 13th ASJ, Indore in Criminal revision No. 349/03, allowing the revision of respondents whereas it is important to note that another revision filed by the present petitioner Ajay kumar bearing No. 442/02 was also decided by the same order and hence, initially the petitioner had filed an application under Section 482 of the Cr. PC, but the same was converted into criminal revision under Section 397 of the cr. PC by order by this Court on 24-6-05.

(2.) BE that as it may, since the revision has travelled a long route having been filed in the year 2004, it is taken up for final hearing on the ground that the petitioner has impugned only the order passed in Criminal Revision No. 349/03 filed by his brothers/respondents.

(3.) BRIEF facts of the prosecution case are that complainant Ajay kumar had moved a complaint against both his brothers Vijay Kumar and nirbhay Kumar for offence under Sections 468 and 420 of the IPC, since the accused had initially entered into a compromise regarding the division of residential accommodation by allotting 1/3 of the said house to petitioner Ajay kumar. Compromise was dated 18-3-01. It was prepared and consisted of 12 pages, which was to be produced in the Court. However, it was presented only on 9-8-01 and on the said date, the complainant was not present in the Court and alleged that page Nos. 1 to 12 of the compromise deed had been changed along with map that was appended with the compromise deed and with an intention to cause loss to the complainant, in place of his 1/3 share was converted to 1/9 share in writing in the allegedly forged compromise deed and on the basis of the said allegedly forged compromise deed, a decree was obtained. On learning about the same, the complainant filed an application for setting aside the decree and looking to the criminal nature of the offence, also filed a complaint for offence under Sections 468 and 420 of the IPC. The Trial Court, considering the documents found, prima facie case made out for offence under Section 420 of the IPC, however, discharged the accused from offence under Section 468 of the ipc and being aggrieved, all the three brothers filed a revision before the 13th asj, Indore. The ASJ, Indore dismissed the revision of the present petitioner ajay Kumar allowing the petition of his brothers and acquitted them from offence under Section 420 of the IPC and hence, the present revision by complainant Ajay Kumar.