DAYA RAM Vs. SUBE SINGH

JUDGEMENT

(1.) THIS petition had been filed against order dated 24.3.2003 of Additional Sessions Judge, Rohtak whereby order of the Judicial Magistrate Ist Class dated 26.11.2002 had been set aside and the Additional Sessions Judge had directed that the complaint shall proceed for offence under Sections 420/406/120-B and 506 IPC.

(2.) THE facts of the case had been that Sube Singh filed a complaint alleging that Daya Ram and others had entered into an unlawful assembly and hatched a conspiracy. Daya Ram had entered into an agreement to sell his 1/6th share. The sale was to be for Rs. 2 lacs a killa. On 21.8.2000, he had received Rs. 1 lac and then remaining amount Rs. 58,750/- was to be received at the time of registration of sale-deed. However, before 21.12.2000 i.e. the date of performance, Daya Ram had in connivance with other accused cheated the complainant by transferring his 1/6th share to accused Nos. 2 to 10 and accused No. 1 surrendered possession on 4.9.2000 in favour of accused Nos. 2 to 10 and also executed release deed in favour of accused Nos. 2 to 10; that Daya Ram had then lodged a false report with the police. When Sube Singh and witnesses had gone to Daya Ram and other accused, then the accused had threatened that they shall be done to death.

(3.) IT is a fact that Sube Singh had already filed a Civil Suit for specific performance on the basis of agreement as against Daya Ram and other accused. That suit is stated to be pending.