PARDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for setting aside the order dtd. 8/10/2018 (Annexure P-5) passed by the Judicial Magistrate, 1st Class, Yamuna Nagar at Jagadhari in Criminal Complaint No.312 dtd. 16/5/2013 registered under Ss. 406, 420, 120-B IPC titled as Kamlesh Versus Pardeep Singh and another whereby the application filed by the complainant/respondent No.2 under Sec. 311 Cr.P.C. has been allowed.

(2.) The brief facts of the case are that the respondent No.2/complainant filed a complaint in the Court of Chief Judicial Magistrate, Yamuna Nagar at Jagadhari with the allegations that she had purchased a plot at Shiv Colony Mauja Chandpur, Yamuna Nagar, Tehsil Jagadhari District Yamuna Nagar as per sale deed No.3990 dtd. 27/9/1988. Pursuant to the purchase of plot additions and alterations were made in the construction on the said plot. Taking advantage of the faith that she and her husband placed upon that the petitioners/accused, they fraudulently got executed a General Power of Attorney dtd. 17/8/2010 in favour of Pardeep Singh (petitioner No.1/accused No.1) and on the basis of the said General Power of Attorney, Pardeep Singh (accused/petitioner No.1) executed a sale deed in favour of petitioner No.2/accused No.2-Reena Devi his wife on 14/3/2012. Based on these allegations, the aforementioned criminal complaint came to be filed in which the petitioners (accused) came to be summoned to face trial by the said Court.

(3.) During the course of proceedings and after the closing of the evidence in the complaint case, the petitioner No.1-Pardeep Singh appeared as a witness in a civil suit arising out of the same transaction as DW-5 and in the said case he is said to have made certain admissions which were stated to be relevant for the first decision of the present complaint.