SUBHASH CHAND SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was charge-sheeted for the offence punishable under Section 420 read with Section 120-B of Indian Penal Code (for short-IPC) vide order dated 26.03.2015 passed by Additional Chief Judicial Magistrate, Rewari. He filed revision against the order framing charge, which was also dismissed by learned Sessions Judge, Rewari vide order dated 06.06.2015.

(2.) The prosecution case, in brief, is that the revision petitioner had purchased the suit land measuring about 9 kanals 7 marlas vide sale deed No.2987 dated 22.02.1984 and had mortgaged the same with the bank while raising loan. The bank filed a suit for recovery on 04.11.1987 in which the appellant filed written statement on 26.05.1988. In connivance with the bank manager and other officials of the bank, the mortgage of the land with the bank was not got incorporated in the revenue record and the land was sold by the petitioner on 13.12.1990 by concealing the factum of mortgage and pendency of recovery suit. It was projected while selling the land vide sale deed No.2214 dated 13.09.1990 executed in favour of one Sushil Kumar Swami (HUF) that it was free from all encumbrances like lease, mortgage or any other type of liability.

(3.) The land was further transferred by vendee Sushil Kumar Swami and subsequent transfers also took place till it reached the hands of complainant.