MANOHAR LAL Vs. SURESH KUMAR AND ORS.

JUDGEMENT

(1.) Petitioner, by way of instant petition under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C.' for short), seeks quashing of the impugned order dated 11.12.2014 (Annexure P -4) passed by the learned Additional Sessions Judge, Hoshiarpur, whereby revision of the petitioner was dismissed and the order dated 30.1.2014 (Annexure P -2) passed by the learned Sub Divisional Judicial Magistrate, dismissing the complaint of the petitioner, was upheld.

(2.) Learned counsel for the petitioner submits that complainant executed power of attorney in favour of the respondent -accused which was later on cancelled. He further submits that the respondent -accused cheated the petitioner by selling his property. There was sufficient material available with the petitioner to prove his case. However, since the courts below have failed to appreciate true facts of the case as well as preliminary evidence brought on record by the petitioner, impugned orders have resulted in miscarriage of justice and the same are liable to be set aside. He prays for setting aside the impugned orders, by allowing the present petition.

(3.) Having heard the learned counsel for the petitioner at considerable length, after careful perusal of record of the case and giving thoughtful consideration to the contentions raised, this Court is of the considered opinion that the impugned orders have not been found suffering from any patent illegality and the same deserve to be upheld, for the following more than one reasons.