RAM SARAN Vs. JASMER SINGH

JUDGEMENT

(1.) THE petitioner, who had filed a complaint against Jasmer Singh under Sections 420, 465 and 468 IPC read with Section 82 of the Registration Act, had admittedly at a belated stage, moved an application under Section 311 Cr.P.C. for bringing on record a copy of decree passed in Civil Suit No. 380/CS/83 titled Phoolwati v. Jasmer Singh on 3.9.1983 by which the land, which was alleged to have been sold by Jasmer Singh in favour of Ram Saran on 1.6.1984, already stood transferred in the name of his wife. Trial Court rejected this application saying that it was not clear from the arguments as to how the production of decree sheet dated 3.9.1983 would be material for the decision of the case. Since the case of the petitioner evidently appears to be that on 1.6.1984 the respondent knowing fully well that he was not owner of the property, which was being sold by him to the petitioner, had accepted the consideration, therefore, he had committed the offences alleged to have been committed by him. Accordingly, the decree, which would prove that after 3.9.1983 the respondent was no longer owner of the land would definitely have a material bearing on the proof of the petitioner's case. Since the delay in filing the application can always be compensated by awarding costs, the application filed under Section 311 Cr.P.C. is allowed subject to payment of Rs. 1,000/- as costs and the order Annexure P2 is set aside. Application allowed.