KARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this order, I shall dispose of Crl. Revision No. 1455 of 2013 titled "Karam Singh v.State of Punjab and another" and Crl. Revision No. 2638 of 2013 titled "State of Punjab vs. Gurmeet Singh" as these are the off shoot of same order dated 21.1.2013 passed by the Additional Sessions Judge (Fast Track Court), Patiala and involve adjudication of identical questions of law and facts.

(2.) KARAM Singh initiated criminal proceedings against Gurmeet Singh and Akaljit Kaur on the allegations that the accused executed an agreement to sell dated 25.1.2006 in favour of the complainant for sale of land measuring 28 kanals 07 marlas at the rate of Rs. 12,05,000/ - per acre i.e. for total consideration of Rs. 42,70,500/ -. At the time of execution of agreement, accused received an amount of Rs. 6,00,000/ - towards earnest money. He also received an amount of Rs. 30,00,000/ - on 19.6.2006 on his behalf as well as on behalf of his co -accused Akaljit Kaur on the pretext that they were to repay loan of the bank against which land in question was mortgaged. Later, it was found that loan amount was Rs. 2,00,000/ - only. The last date for execution of sale deed was 7.7.2006 but the loan amount was not paid by the accused up to 17.12.2006. The accused refused to execute the sale deed in favour of the complainant though they had already received an amount of Rs. 36,00,000/ - out of total sale consideration of Rs. 42, 70,500/ -.

(3.) ON completion of investigation of FIR No. 138 dated 11.10.2007 registered at Police Station, Sadar Patiala for offence punishable under Sections 406, 420, 379 of the Indian Penal Code (for short "IPC"), challan was presented in the Court of Judicial Magistrate Ist Class, Patiala. Gurmeet Singh and Akaljit Kaur were charge sheeted for committing offence punishable under Section 420 IPC to which they pleaded not guilty and claimed trial. Gurmeet Singh (respondent herein) preferred a revision petition before the Court of Sessions against order dated 11.9.2009 passed by the Judicial Magistrate, framing charge against the accused. The revision petition was accepted by the Court and the accused were ordered to be discharged.