DHAN RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing First Information Report No. 118 dated 18.3.1994, registered at Police Station Jhunir, for the offences under Sections 406/420, Indian Penal Code, and for quashing all the subsequent proceedings in pursuance thereof.

(2.) THE facts, which can be gathered from the allegations contained in the impugned first information report, are that Mohinder Kaur and her son Satinderjit Singh Sidhu, respondents Nos. 2 and 3, respectively, are owners in possession of 235 Kanals 2 Marlas agricultural land situated in the revenue estate of village Makhewala. The petitioner is carrying on his business of commission agency at Mansa. The said respondents used to sell their agricultural produce through the commission agency of the petitioner. On 28.2.1986, these respondents appointed the petitioner as their general attorney, inter alia authorising him even to sell their land but only after consulting them. Soon after, the respondents realised that the petitioner was playing fraud with them and wanted to dispose of their property without their consultation and to cheat them. Sensing this, the respondents cancelled the power of attorney in favour of the petitioner before the Panchayat and asked him not to act as their attorney in future. These respondents appointed one Shri Sita Ram, a co-villager as their general attorney vide registered power of attorney executed on 4.1.1990. However, the petitioner, in pursuance of the general power of attorney (Annexure P.2) executed by Smt. Mohinder Kaur in his favour sold 74 Kanals 3 Marlas of agricultural land on 15.7.1992 for a consideration of Rs. 3,76,000/- to one Pritpal Singh son of Sadhu Singh of village Makhewal. He also executed another sale deed in respect of 79 Kanals 18 Marlas, in pursuance of the power of attorney (Annexure P.3) executed by Satinderjit Singh Sidhu respondent on the same day for consideration of Rs. 4,00,000/- in favour of Sh. Ranjit Singh son of Jaswant Singh of the same village. Both these sale deeds were got registered at Delhi.

(3.) IT is also desirable to mention that on 28.3.1994 these respondents had filed two suits challenging the legality and validity of the said two sale deeds on the basis of fraud alleged to have been committed by the present petitioner whereby causing huge loss to them, and also for a decree of permanent injunction for restraining the so-called vendees from taking possession in pursuance of the said two sale deeds and also from alienating the said land by way of mortgage, gift or otherwise. These suits are pending in the Court of Civil Judge, Mansa, issues were framed on 13.5.1995 and the same are fixed for evidence of the plaintiffs i.e. the respondents herein.