RAJINDER KUMAR CHHIBBAR Vs. ASEEM BAKSHI

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing of the complaint dated 28.2.2001, Annexure P-1, filed by the respondent, who is his nephew, against him under Sections 420/511/468/471 and 182 Indian Penal Code; and the summoning order dated 7.10.2001, Annexure P-4, passed by Judicial Magistrate, 1st Class, Chandigarh, whereby the petitioner has been summoned to face trial under Sec. 420 read with Sec. 511 and Sec. 182 Indian Penal Code.

(2.) The brief facts of the case are that late Sh. Bakshi Mulakh Raj Chhibbar, who was a practicing Advocate, was owner of two houses i.e. houses Nos. 681 and 721, Sector 8, Chandigarh. He died on 5.4.1974 leaving behind three sons, namely Rajinder Kumar Chhibbar (petitioner), Surinder Kumar Chhibbar (father of respondent) and Raj Bakshi and four daughters. During his life time, Sh. Bakshi Mulakh Raj Chhibbar executed a registered Will dated 17.1.1972, whereby he bequeathed house No. 681, Sector 8, Chandigarh, in favour of the petitioner. He was also given a right to continue to reside in the ground floor of house No. 721, Sector 8, Chandigarh, as he has been practicing there as an Advocate. The other two sons, namely Surinder Kumar Bakshi and Raj Bakshi were given life interest in house No. 721, but they were not given right to alienate this house by sale, mortgage or any other device. They were given right to live on the first floor in the house during their life time only and after their death, the house was to be inherited by their progeny, in case they marry and have their children. Otherwise, the house was to be inherited by the petitioner or his children in case he is not living then. As per the Will, the petitioner was given a right to continue to reside in the ground floor of house No. 721, as he had been practicing there as an Advocate. However, under the Will, the petitioner was required to pay Rs. 200.00 per month to each of the two brothers by way of rent. At the time of execution of the Will, Surinder Kumar Bakshi and Raj Bakshi were unmarried, but subsequently, Surinder Kumar Bakshi had married and is having two sons, namely Assem Bakshi and Ashish Bakshi. However, Raj Bakshi is issueless.

(3.) Vide order dated 25.3.1980, passed by the District Judge, Chandigarh, the aforesaid Will was duly probated. According to the said Will, House No. 681, Sector 8, Chandigarh, has already been transferred in the name of the petitioner. On 9.9.1999, the petitioner made an application to the Estate Officer, U.T. Chandigarh for transfer of ground floor of house No. 721, Sector 8-B, Chandigarh in his favour and first floor of the said house in favour of his brothers Surinder Kumar Bakshi and Raj Bakshi. The said application is re-produced below:-