PHULI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) As strange as, it may appear, but strictly speaking, the tendency and frequency of the accused persons, illegally executing the fake agreement to sell, in order to cheat, to misappropriate the money of innocent persons and commit economic offences, at the first instance and then to delay the criminal prosecution, registered against them, by filing the frivolous petitions, in this respect, have been tremendously increasing day-by-day, in the present set up of the society. The present case is burning example of such like instances.

(2.) The epitome of the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the FIR (Annexure P-1)/record is that, although the petitionersaccused were not the actual owner of the land, in question, but still they have illegally entered into and executed an agreement to sell dated 21.06.2011 (Annexure P-13), in favour of the complainant Ramesh Saluja son of Chanderbhan-respondent No.2 (for brevity 'the complainant'), for a total consideration amount of Rs. 87 lacs per acre and fraudulently received an amount of Rs. 25 lacs as earnest money from him (complainant) at the first instance, Rs. 25 lacs on 28.06.2011 and other remaining amount on subsequent stages mentioned therein, in the presence of witnesses.

(3.) The complainant, inter alia, further claimed in the FIR, as under: -