WARYAM SINGH Vs. JAGDEV SINGH

JUDGEMENT

(1.) THIS petition has been filed against judgment of acquittal recorded by Judicial Magistrate Ist Class, Gurdaspur, dated 11.11.2010.

(2.) LEARNED Counsel appearing for the Petitioner contends that the complainant filed the complaint and the evidence brought on record indicates commission of offence under Section 420 of the Indian Penal Code by the Respondent. It has been pleaded that admittedly the Respondent was not the owner of the property and yet he projected himself as the owner of the property and therefore, the ingredients of above mentioned offence are satisfied.

(3.) FOR proving commission of offence under Section 420 of the Indian Penal Code, in the context of the facts & circumstances of the case, the complainant was required to prove that accused was having fraudulent intention at the time of entering into agreement dated 28.1.1998. In the agreement/exchange deed dated 28.1.1998, the Respondent mentioned that he is owner of property i.e. subject matter of the dispute. The evidence brought on record, however, reveals that wife and daughter of the Respondent were the owners, who however, had given to the Respondent -accused their general power of attorneys on 12.10.1983 and 24.9.1993. The said general power of attorneys have been placed on record as Ex.D -2 and Ex. D -3. It is under these circumstances, it has been held that because the Respondent was having the general power of attorneys to deal with the property, dishonest intention is not made evident.