AMRIK SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By virtue of the instant petition preferred by petitioners under Section 482 Cr.P.C. has sought setting aside the order dated June 03, 2014 (Annexure P-1) passed by learned Chief Judicial Magistrate, Fatehgarh Sahib, whereby an application under Section 319 Cr.P.C. moved by the prosecution for summoning the petitioner was allowed as well as the order dated March 12, 2015 (Annexure P-3) passed by learned Additional Sessions Judge, Fatehgarh Sahib, vide which the revision petition filed by the petitioners against the order dated June 03, 2014 has been dismissed.

(2.) Briefly stated the instant case stands registered on the basis of the complaint dated June 27, 2011 preferred by Kuldip Singh son of Rattan Singh, resident of Mandofal, Tehsil and District Fatehgrah Sahib, made to Senior Superintendent of Police, Fatehgarh Sahib, wherein he has unfolded that he intended to purchase some agricultural land. On May 04, 2011, Rajinder Singh s/o Gurcharan Singh accompanied by Garja Singh came to his house along with Pardeep Singh, Advocate and disclosed about 3 acres 16 marlas of land situated in Village Raipur Gujran. Even they took him to the spot where Hoshiar Singh owner of the land was also called who also disclosed that he is owner and in possession of the land. Besides, he had also shown the copy of the jamabandi in respect of land measuring 62 kanals 2 marlas. On this, the complainant agreed to purchase the said land and the matter was settled @ Rs.32 lacs per acre. Agreement dated May 04, 2011 was also put into black and white. In this regard, all the referred persons gave assurance at the time to the complainant and Pardeep Kumar, Advocate to get the sale deed executed directly from Hoshiar Singh original owner. On May 10, 2011, the complainant withdraw a sum of Rs.5 lacs from his bank account for the purchase of stamp papers, which he handed over to Hoshiar Singh owner of the land and Rajinder Singh. When the complainant and his father Rattan Singh went to withdraw the remaining amount from the bank, a telephonic call was received from the Rajinder Singh to pay the balance amount of Rs.90,36,000/-, which was paid by him to all the four dealers and owner Hoshiar Singh in the presence of witnesses Pardeep Kumar, Ranjodh Singh and Varinder Singh. However, when the complainant visited Tehsil Office Bassi Pathana, it came to light that aforesaid dealers and Hoshiar Singh had got prepared the sale deed on the collector rate, but the complainant had already paid Rs.5 lacs for the purchase of stamp papers. Then he talked to the dealers, but he was compelled to get the sale deed executed on the said collector rate while showing the price of the land at a collector rate. Thereafter, the complainant demanded back the excess amount of the purchase of stamp papers from the aforesaid Rajinder Singh etc., who assured to return the same within one or two days, but did not return. Thereafter, Hoshiar Singh repaid a sum of Rs.1,50,000/- to the complainant and assured that remaining amount be got returned from Rajinder Singh etc. After some time, the complainant came to know from Rajvir Singh Grewal, Advocate that fraud had taken place with him because court cases are still pending regarding the land in question in the Courts including ADC (D) Fatehgarh Sahib, Director Panchayat Punjab, Chandigarh.

(3.) On the basis of the statement unfolded by the complainant, instant FIR was registered and the investigation was put into motion. During investigation of the case, the challan was also presented against Hoshiar Singh, whereas the petitioners were kept in column No.2 of the report.