B R GUPTA Vs. KAUSHAL KUMAR

JUDGEMENT

(1.) This is a petition filed by B.R. Gupta son of Baldev Dass (hereinafter described as the petitioner) for quashing the complaint and the order summoning the petitioner as an accused.

(2.) The relevant facts giving rise to the present petition can briefly be delineated.

(3.) Respondent-Kaushal Kumar (complainant) preferred a criminal complaint with the Court of Judicial Magistrate, Chandigarh asserting that he is a co-owner of building SCF No. 7, Sector 22-D, Chandigarh alongwith the petitioner. Petitioner and late Rikhi Ram were brothers and had purchased the said property in-equal share. When Rikhi Ram died, his share was inherited by the complainant and his brother Ved Prakash. Ved Prakash sold his 114th share in the property to the petitioner. Thus petitioner became the owner of 314th share in the property while the share of the complainant was 114th The complainant came to know that some lease deed was executed by the petitioner with the tenant wherein he described that he is the sole proprietor of the building. It is alleged that this tantamount to creating a fictitious document because the petitioner is not the exclusive sole owner of the property.