RAMJAN Vs. ARVIND MALIK AND ANOTHER

JUDGEMENT

(1.) THE present petition lays challenge to order dated 18.02.2009, passed by the Additional Sessions Judge, Gurgaon, whereby revision petition filed by the respondents, has been allowed and the complaint filed by the petitioner under Sections 406, 409, 420, 467, 468, 471, 506 read with Section 120 -B IPC and summoning order dated 08.08.2005, have been dismissed. The facts relevant for disposal of the present petition are that, on 13.09.2000, Gram Panchayat Agon, Ferozepur Jhirka, auctioned 400 acres of land. The complainant (petitioner herein) took the aforesaid land in an open auction for cutting the trees. He deposited Rs. 7,08,500/ -, vide receipt Nos. 83 and 84 dated 13.09.2000 and 20.09.2000, respectively. Manohri -respondent No. 3 (accused No. 1 in the complaint) gave the possession of the land to the petitioner. The petitioner later came to know that the land was around 190/200 acres in place of 400 acres and, accordingly, he moved application on 27.12.2000 to the respondents. Later, a legal notice was sent through Shri Akhtar Hussain, Advocate, Ferozepur Jhirka. The petitioner was called for hearing on 23.01.2001, at 11.00 am in the office of Block Development and Panchayat Officer, Ferozepur Jhirka. Sardar Mohammad, accused No. 4 (since deceased) met the petitioner and advised him to come in the next week as the Block Development and Panchayat Officer was not available. The petitioner again went to the office on 30.01.2001, all the accused were present and obtained thumb impressions on blank paper, on the representation that the same were needed for getting him refund of the amount. On 17.04.2001, the petitioner came to know that an amount of Rs. 1,62,000/ - had been withdrawn by the accused. The petitioner along with his brother Idrish and Ismile met Sardar Mohammad and he started abusing the petitioner.

(2.) AFTER recording preliminary evidence consisting of statements of Idrish (PW 1), Ramjan (PW 2) and Ismile (PW 3) and documents, the Sub Divisional Judicial Magistrate, Ferozepur Jhirka passed an order summoning respondents and Sardar Mohammad (since deceased) to face trial for offence under Section 420/120 -B IPC.

(3.) COUNSEL for the petitioner submits that at the stage of summoning the accused for facing criminal proceedings, the Court is not required to scrutinise the evidence minutely and meticulously to find out whether material on record is sufficient to warrant conviction of the accused. It is further submitted that if on reading of allegations contained in the complaint and evidence led during enquiry, a prima facie case is made out; the Magistrate is bound to summon the accused to face trial. It is further argued that keeping in view averments of the complaint and the evidence led on record, the learned trial Court rightly recorded a finding that there are sufficient grounds to summon all the accused for commission of offence punishable under Section 420 read with Section 120 -B IPC, but the Court of Additional Sessions Judge, has exceeded its jurisdiction in exercise of revisional power to set aside a legal and valid order passed by the learned Magistrate. It is prayed that the order passed by the revisional Court may be set aside and the accused should be directed to face trial.