SANTRAM Vs. RAJNI

JUDGEMENT

(1.) The applicant has filed this petition under Section 482 of the Cr.P.C. being aggrieved by the order dated 02.11.2017 passed by JMFC, Katni in unregistered complaint and order of Revisional Court dated 16.11.2018 passed in Criminal Revision No.149/2017 by 1st Additional Session Judge, Katni whereby affirmed the order dated 02.11.2017 of dismissal of a complaint passed by JMFC.

(2.) Facts giving rise to this petition, in short, are that the applicant as a complainant filed a complaint against respondents No. 1 to 4 alleging therein that he has purchased Plot No. 410, situated in Bajrang Mohalla, Housing Board Colony, Katni and constructed a house over that plot. One portion of the house was rented to respondent No. 1 on 500/- Rupees rent per month. The complainant was in needed of money and asked for the money from respondent No. 3- Kailash Sahu, then Kailash Sahu said that he will not provide a money in debt. If he needed money, he should contact to sale the house. The complainant agreed to sale the house, Rs.15,000/- given by Kailash Sahu to the complainant, but, at that time, no document had been executed. After 4 days Kailash Sahu again approached to the complainant having two blank stamp papers of Rs. 50-50/- and some blank papers and directed the complainant to make a sign on that papers by saying that it is an execution of an advance money. The complainant signed those papers. Kailash Sahu told him that after execution of documents, he would provide a copy of those documents to him, but never provided a copy of that documents to the complainant. Respondent No. 1 kept respondent No. 2-Kailash Nishad as her husband. Kailash Nishad, used to come in the tenant premises of respondent No. 1 and live along with his wife and later on, respondent No. 1 changed her surname as Nishad. Respondent No. 1 before April, 2013 paid the rent regularly, but, since April, 2013, she stopped the payment of rent.

(3.) On asking the rent, she promise to pay on one pretext to another, but she did not pay any rent and saying that she has purchased the rented house now become the owner of the house. The complainant along with his wife filed a report in Police Station. Respondent No. 2 threatened the complainant. Respondent Nos. 1 and 2 filed an application before the Police Station Kotwali, District Katni and Madhav Nagar, District Katni alleging therein that they have purchased a rented premises for consideration of 2 Lakhs Rupees out of which paid 1.50 Lakhs Rupees in advance and only Rs.25,000/- remained to be paid. In the same way, Kailash Sahu also executed a sale-deed of another portion of the house of the complainant stating therein that he has purchased a house for consideration of Rs.5,60,000/- and paid Rs.1,20,000/- in advance and Rs.4,40,000/- on 02.09.2013. Respondent Nos. 1 to 3 created a forged documents and got forged notarized by respondent No. 4. Complainant neither sold the premises nor received the amount written in the both forged documents of sale.