AVINASH CHAWLA Vs. NARESH KUMAR

JUDGEMENT

(1.) As identical questions of law and facts are involved, therefore, I propose to dispose of the indicated petitions bearing CRM No. M-33292 of 2010 titled Avinash Chawla Vs. Naresh Kumar (for brevity "the 1st case) and CRM No. M-20108 of 2012 titled Sunil Chawla Vs. State of Haryana & another, (for short "the 2nd case"), filed by the different accused, arising out of the same impugned complaint (Annexure P-1), by virtue of this common judgment, in order to avoid the repetition.

(2.) The crux of the facts and material, culminating in the commencement, relevant for disposal of the instant petitions and emanating from the record is that Avinash Chawla, Shiv Kumar Chawla sons of Sham Das Chawla, Gulshan son of Jagan Nath Chawla and Sushil Kumar Chawla son of Baldev Chawla, claimed themselves to be the co-owner in land in question, situated in village Dungasara, District Guna (Madhya Pradesh). Petitioner-Avinash Chawla had contacted the complainant Naresh Kumar son of late Om Parkash Batra-respondent (for brevity 'the complainant'), and told that his family members wanted to sell their land. The complainant visited, selected and intended to purchase the indicated land. According to the complainant then the petitioner-accused Avinash Chawla had talked to remaining accused and also made the complainant to talk with his brothers on telephone Nos.093505-20522, 098686-59070 and 098140-50196 (Sunil Chawla-petitioner in 2 nd case), before entering into a deal. Thereafter, all the petitioners-accused had told him on telephone that Avinash Chawla is their elder brother and all the family members wanted to sell the entire land. They have assured the complainant that whatever their elder brother will do, will be accepted to them and do not hesitate in making the payment. Their entire family shall give a power of attorney to their brother Avinash Chawla (petitioner in 1 st case).

(3.) The case of the complainant further proceeds that thereafter he entered into an agreement to purchase the entire land, for a consideration amount of Rs.9,000/- per bigha and accused Avinash Chawla received, on behalf of all the accused, an amount of Rs.17,50,000/, vide cheque No. 940845, Rs.35,00,000/- in cash, Rs.9,00,000/- and Rs.20,13,000/- through cheques drawn on Punjab National Bank, in favour of accused Sunil Chawla (petitioner in 2 nd case), in lieu of earnest money. In pursuance thereof, the accused have got registered the sale deed of only 55 Bigha of the land, delivered its vacant possession and promised to execute the sale deed of the remaining land.