SHIV KUMAR Vs. RAMESH CHAND

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal Procedure for quashing the complaint, dated December 5, 1991 filed by respondent Ramesh Chand against petitioners Shiv Kumar and Tara Devi, under sections 420, 468, 467 and 406, Indian Penal Code, and the order, dated March 21, 1992 passed by the Judicial Magistrate First Class: Ambala, whereby the petitioners were summoned for facing the trial on the private complaint filed by the respondent as well as the order dated September 9, 1992 passed by the Additional Sessions Judge, Ambala,

(2.) IT Is stated in the petition that the petitioner are owners in equal shares of property Nos, 727 and 7.6/2 ZL situated at Main Bazar, Kalka, District Ambala which were inherited by them on the death of Daulat Ram father of petitioner No. 1 and husband of petitioner No 2 who was the absolute owner of those properties. The petitioners had got a power of Attorney executed and registered on July 30, 1990 in favour of Jai Prakash son or Dharam Chand, resident of 543. Lower Bazar, Kalka which was got cancelled on August 20, 1990 by a registered deed dated August 20, 1990 executed by petitioner No. 1. The respondent, i.e. Ramesh Chand filed a complaint on December 5, 1991 under sections 420/4681467/471/406, Indian Penal Code, against the petitioners before the Judicial Magistrate First Class, Ambala, on the pleas that petitioner No. 1 had entered into an agreement to sell in respect of his one-half share in Property No. 726/2-ZL on August 2, 1990 for a consideration of Rs. 70 000/- and that the entire sale consideration had been paid by him, and that the Sale Deed had not been executed which was to be got executed on or before December 31, 1991; and that the Sale Deed in respect of the said property had been executed in favour, of on Ramesh Chand son of Om Parkash, resident of Kalka on October 31, 1990, in spite of injunction obtained by the respondent from the civil Court on September 19, 1990.

(3.) IT is further stated in the petition that the petitioners filed a Revision Petition against the order, dated March 21, 1992 passed by the Judicial Magistrate First Class, Ambala, in which it was inter alia pleaded that no offence was made out from the averments made in the complaint: annexure P 1 with the petition, and, as such the order dated March 21, 1992 annexed as Annexure P3 with the petition, passed by the Judicial Magistrate First Class, Ambala should be set aside.