SURINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 482 Cr.PC is to quash FIR No.75 dtd. 17/7/2017 registered at Police Station Mehna, District Moga, Punjab under Ss. 406, 420 & 120B IPC.

(2.) FIR in question (Annexure P4) was lodged on the complaint of Gurpreet Singh (respondent No.3), as per which Nihal Singh (petitioner No.2), the Special Power of Attorney holder of Sarwan Singh, Baldev Singh and Niranjan Singh sons of Sarain Singh, had agreed to sell their land situated in village Talwandi Malian vide an agreement dtd. 29/4/2013. The said agreement was executed through petitioner No.1 Surinder Pal Singh, who also attested the same. Amount of Rs.10.00 lakh was transferred in the account of Nihal Singh. It is alleged that later on, another amount of Rs.8.00 lakh was paid by the complainant from time to time, but despite taking total amount of Rs.18.00 lakh, neither the sale deed was executed nor the amount was refunded. FIR further reveals that complaint, initially made on 7/6/2016, was sent to Economic Offences Wing, Moga, which recommended the registration of the FIR under Sec. 420 and 120B IPC. However, opinion of the District Attorney was sought, who opined that no criminal action was made out, as per his report dtd. 16/1/2017. However, on the recommendation of the Senior Superintendent of Police, Moga, the FIR was registered.

(3.) (i) It is contended by ld. counsel that petitioner No.1-Surinder Pal Singh had only facilitated petitioner No.2 to arrive at agreement to sell the land measuring 33 kanal 9 marla approximately, situated at village Talwandi Malian to respondent No.3 at the rate of Rs.25.00 lakh per acre, vide agreement dtd. 29/4/2013. Petitioner No.2 received Rs.10.00lakh as earnest money. Balance sale consideration was to be paid on 28/6/2013 on the date of execution of the sale deed. As respondent No.3 could not arrange the funds, so as per his request, the date for execution of the sale deed was extended to 25/7/2013. However, respondent No.3 did not come forward to make balance payment on 25/7/2013 or to get the sale deed executed. Petitioners reminded him several times but respondent No.3 failed to arrange the funds.