NAND LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NAND Lal petitioner seeks quashing of F.I.R. No. 88 dated 15.4.1999 registered under Section 420 of the Indian Penal Code (hereinafter referred to as 'the Code') with Police Station City Fazilka and simultaneously he has also prayed for stay of the proceedings arising out of aforesaid F.I.R., during the pendency of civil suit, titled as Madan Mohan Kalra and others v. Nand Lal and others, pending in the Court of Civil Judge, Fazilka.

(2.) THE facts have to be noticed in detail in order to focus the controversy involved in this petition. On 17.8.1994 Nand Lal petitioner had entered into two agreements to sell his two shops comprised in land measuring 7 Sarsai, out of land measuring 3 Marlas 5 Sarsai, forming part of Khasra No. 563/3/2, Khewat No. 313, Khatauni No. 356 as per Jamabandi for the year 1989-90 and Khewat No. 362 Khatauni No. 624 as per Jamabandi for the year 1994-95 situated in the area of Ladhuka Hadbast No. 308 in favour of Madan Mohan Kalra, Ladhu Ram and Sukhdev Dass for a consideration of Rs. 3.35 lacs. Rs. 3.10 lacs were paid to him as per terms of the contract and balance consideration amount was to be paid at the time of registration of sale deed on 30.12.1994. It was also stipulated between the parties that if the sale deed is not executed by that date, the proposed vendees would be entitled to a decree for recovery of Rs. 4 lacs which would include Rs. 3.30 lacs paid to the vendor Nand Lal as earnest money and Rs. 70,000/- as damages and compensation for non-fulfilment of terms of the agreement alongwith future interest at the rate of 24% per annum from the date of agreement. Possession of the above mentioned property was agreed to be handed over on the date of registration of sale deed. Nand Lal expressed his inability to perform his part of the contract on the due date on 30.12.1994 and for that reason, date for execution and registration of the sale deed was extended to 10.3.1995 and a writing to this effect was made on the reverse of the agreement. Again on 10.3.1995, he failed to execute the sale deed in terms of the aforesaid agreement and for that reason he prayed for extension of time, which was further extended upto 15.5.1995 and that too after receiving further payment of Rs. 20,000/- from the proposed vendees towards the sale consideration. A writing to this effect was executed on the back of the agreement in the presence of witnesses. Madan Mohan Kalra, Ladhu Ram and Sukhdev Dass appeared before the Sub Registrar for registration of the sale deed on the extended date, but Nand Lal failed to turn up to perform his part of the contract. A registered notice dated 10.6.1995 was sent to Nand Lal petitioner in this regard at their behest requiring him to perform his part of the agreement. To the surprise of the proposed vendees, they came to know that Nand Lal had executed a sale deed dated 25.5.1995 bearing Wasika No. 940 in favour of Kewal Krishan in respect of the shop measuring 32'-3"x7' and beyond this 6'-8" in breadth i.e. 3 Sarsai out of 7 Sarsai boundaries whereof have been described in the sale deed. He further executed another sale deed dated 22.10.1996 bearing Wasika No. 2540 in favour of Chiman Lal in respect of shop measuring 6' x 12' approximately equivalent to 3-1/2 Sarsai boundaries whereof have been described in the sale deed out of above mentioned land. As these sale deeds have been executed by Nand Lal dishonestly and in order to cheat the complainant, Madan Mohan Kalra lodged F.I.R. No. 88 dated 15.4.1999 with Police Station City Fazilka in the regard. The case is still under investigation.

(3.) ON the basis of above stated facts, it was urged by the learned counsel for the petitioner that stay of proceedings is justified because findings of Civil Court have a binding effect on the Criminal Court and if stay is not granted it would cause prejudice to the petitioner.