DALER SINGH Vs. BHUPINDER SINGH

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 Cr.P.C. for quashing of criminal complaint No.8 dated 10.2.2010 (Annexure P-3) instituted by the respondent against him under Sections 420/467/468/471/120-B IPC and the order dated 16.7.2013 (Annexure P-5) passed by the Judicial Magistrate 1 st Class, Patti whereby he stands summoned for the aforementioned offences.

(2.) In his complaint, respondent had averred that he had purchased 32 kanals of land from Sardul Singh son of Puran Singh on 7.5.2007 for an amount of Rs.6,90,000/- and possession of the same was delivered to him. He had also purchased 9 kanals of land from Passo daughter of Puran Singh on 7.5.2007 for an amount of Rs.2,70,000/- and possession of land delivered to him. Ever since then, he had been cultivating the said land. On 25.1.2010 he was informed by Gursharan Singh that the accused got scribed one sale deed from the Deed Writer in his (complainant's) name. Gursharan Singh had stopped the accused from executing the sale deed since the complainant was not present there but he was told that the accused would get registered sale deed from the complainant. Later on, the complainant enquired from the office of the Sub Registrar, Patti and learnt that Sarwan Singh, Major Singh, Daler Singh and Amarjit Singh accused had got registered sale deed dated 22.1.2010 in their favour measuring 32 kanals of land for consideration of Rs.17,30,000/- by producing someone else in his place. The said sale deed was witnessed by Mani Singh Lambardar and Satnam Singh. The photograph appearing on the sale deed taken with the help of the computer was that of someone else who had appeared in his place. On 28.1.2010, the complainant enquired from Halqa Patwari and obtained copy of Jamabandi in which mutation Nos. 1504 and 1505 stood entered in his name and there was no entry of the sale deed dated 22.1.2010. On the same day complainant, alongwith Gursharan Singh and Kulwant Singh, approached the accused and asked them about the sale deed purporting to have been executed by him on which they were informed that they had got the sale deed executed by producing someone else in his place.

(3.) During preliminary evidence, complainant Bhupinder Singh produced CW2 Kulwant Singh and CW3 Gursharan Singh, besides himself stepping into the witness box as CW1 and placed on record copies of sale deeds dated 11.5.2007 and 7.5.2007 as Mark 'A' and 'B', copy of sale deed dated 22.1.2010 as Mark 'C' and copy of judgment dated 22.11.2012 as Mark 'D'. After going through the preliminary evidence, learned Judicial Magistrate 1 st Class, Patti vide order dated 16.7.2013 found prima facie case against the petitioner and five others and, accordingly, they were summoned for the offences under Sections 420/467/468/471 and 120-B IPC.