HARBIR SINGH Vs. BABU RAM

JUDGEMENT

(1.) Prayer in this petition under Sec. 482 Cr.P.C. is for setting aside the order dtd. 24/2/2011 passed by learned Chief Judicial Magistrate, Jind (Annexure P-2) as well as order dtd. 12/5/2011 passed by learned Additional Sessions Judge (Annexure P-3) and further prayer that respondents may be ordered to be summoned to face the trial in the criminal complaint No. 52 of 2010 filed by the petitioner.

(2.) As per the allegations, the accused-respondents Babu Ram and Ram Phal have been running property dealing business. Both agreed to sell 100 square yards land in Gobindpura to the complainant for a sum of Rs.12,500.00. The said plot was owned by Babu Ram. On 5/4/1991 complainant also paid a sum of Rs.3000.00 and on 7/6/1991 he paid Rs.5000.00 to the accused and the remaining amount of Rs.4500.00 was paid on 23/1/1992. However, no sale deed was got registered in favour of the complainant and on 23/1/1992 possession of the plot was handed over to the complainant. In June 2008, when the complainant tried to sell the plot, he discovered that accused had only given a power of attorney in favour of the complainant as the complainant was an illiterate person. Thus, the accused had committed fraud and forgery.

(3.) In order to prove the allegations, the complainant examined Ram Niwas, Registry Clerk as CW1, Anil Kumar, HRC as CW2 and complainant Harbir Singh himself stepped into the witness box as CW3.