NARENDER SETHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have filed the present revision against the impugned judgment dtd. 3/10/2024 passed by the Court of Additional Sessions Judge, Yamuna Nagar and the impugned judgment of conviction dtd. 24/9/2018 and order of sentence dtd. 26/9/2018 passed by the Additional Chief Judicial Magistrate, Yamuna Nagar, whereby, the petitioners have been convicted for the offences punishable under Ss. 420 and 120-B IPC and sentenced as follows-

(2.) As per the case of the prosecution, Ekta wife of Harsh Kumar lodged a complaint by alleging that Narender Sethi petitioner No. 1 was the owner of House No. C-3, 1599, Rama Colony, Jagadhri vide a Civil Court decree dtd. 30/4/2005. Out of the said area of house, petitioner No. 1 had already sold area measuring 60 sq. yards to Sumit Kumar son of Satish Ahuja in the year 2012 and remaining area measuring 134 Sq. yards was transferred by Narender Sethi to his son Nitin Sethi vide transfer deed No. 9108 dtd. 20/11/2015. Thereafter, Nitin Sethi petitioner No. 2 sold the said area measuring 134 square yards to complainant Ekta wife of Harsh Kumar, Monika wife of Sanjay Verma and Priyanka wife of Manoj Kumar for a valuable sale consideration of 31,25,000- vide sale deed No.9368 dtd. 30/11/2015. It is further averred that at the time of selling the abovesaid property, both the accused assured the complainant party that the abovesaid property is free from all kinds of encumbrances etc. On 28/3/2017, the complainant party came to know from one Ravi Sethi son of Amarnath Sethi that the property purchased by complainant party is mortgaged with Punjab and Sind Bank, Branch Saraswati School, Jagadhri, upon which the complainant party were astonished and enquired about the same and came to know that in the year 2010, petitioner No.1 had taken a loan for his firm Ms Satyug Traders from the bank after mortgaging the said property with the bank as security of loan amount vide mortgage deed No. 1438 dtd. 24/5/2010. Thereafter the complainant party approached Naresh Sethi, elder brother of accused petitioner No. 1 as Naresh Sethi is neighbour of the complainant party and he made a telephonic call to the petitioners, who assured that they would obtain the NOC from the bank within a period of one week, but to no avail. It is further maintained that on 4/4/2017, the complainant party along with Naresh Sethi went to Jai City where petitioners were residing, but they came to know that on 1/4/2017, the petitioners left the rented accommodation after loading their articles in a truck and their neighbours did not know anything about their whereabouts. As such the petitioners in criminal conspiracy with each other sold the property to the complainant party which was already under mortgage with the bank and hence they duped the complainant party by doing so and also committed criminal breach of trust by converting the sale consideration amount of 31,25,000- of abovesaid property for their own use. With these broad allegations, the FIR was got registered by the complainant against the petitioners.

(3.) After the completion of the investigation, the challan was presented before the trial Court by the police. Finding a prima facie case, charge under Ss. 406, 420 and 120-B IPC was ordered to be framed against the petitioners and they pleaded not guilty and claimed trial.