TEJPAL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) By way of this order, I shall dispose of Criminal Misc. No. M- 36189 of 2012 titled "Jagjit Singh vs. State of Punjab" and Criminal Misc. No. M- 28309 of 2012 titled " Tejpal Singh vs. State of Punjab and others" as these have emerged out of same proceedings and involve identical question of law and facts for adjudication. However, for the sake of convenience, facts are being taken from CRM-M- 28309 of 2012(Tejpal Singh vs. State of Punjab and others).

(2.) Jarnail Singh, respondent (complainant) got registered FIR No. 154 dated 22.8.2012 in Police Station, Kharar, District Mohali for offence punishable under Sections 420, 406 and 120-B of the Indian Penal Code (for short "IPC") primarily on the allegations that Tejpal Singh (petitioner) entered into agreement dated 7.2.2006 to sell land measuring 16 kanals 01 marla situated at Kurali, Tehsil Kharar which is the ownership and in possession of Jagjit Singh son of Ram Singh, by stating that he had right to sell the land. The date for execution of the sale deed was fixed for 15.5.2006. When Tejpal Singh demanded more money, the respondent met Jagjit Singh and he informed that he had given rights to Tejpal Singh to sell and shall execute the sale deed. It is further averred that due to dishonesty in their mind, they used to extend the date for execution of the sale deedand at last, the date for execution of sale deed was fixed for 20.6.2006.

(3.) Thereafter, he had been putting off the matter by making lame excuses and received an amount of Rs. 5,00,000/- without any writing. On 20.3.2007, he came to know that Jagjit Singh in the presence of Tejpal Singh got the sale deed registered in favour of some other person and thereby Tejpal Singh and Jagjit Singh in connivance with each other committed fraud with the complainant. Tejpal Singh failed to appear in the office of the Sub Registrar, Kharar for getting the sale deed registered despite the complainant being present there along with draft of Rs. 50,00,000/- got prepared from ICICI Bank Limited, Kurali. The complainant requested the police that either the amount of Rs. 45,00,000/- paid by him towards earnest money be got refunded to him or the accused be directed to get the sale deed registered in his favour on receipt of balance sale consideration.