JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JOGINDER Singh and his five sons have filed this petition under Section 482 of Code of Criminal Procedure (for short, Cr. P. C.) for quashing of FIR No. 157 dated 26.5.2007, under Section 420 IPC, Police Station Sadar Fazilka, District Ferozepur (Annexure P/1) along with all consequential proceedings arising there from.

(2.) MUKHTIAR Singh Respondent No. 2 lodged the impugned FIR. Petitioner No. 1 is father of Respondent No. 2 whereas Petitioner Nos. 2 to 6 are real brothers of Respondent No. 2. As per allegations in the FIR, Petitioner No. 1 exchanged his land measuring 20 kanals 2 marlas situated in village Pukka Chisti with 19 kanals 5 marlas of land of Respondent no situated in village Apni Khio Wali vide agreement dated 10.5.2000 and possession of the land was also accordingly exchanged. However, Petitioner No. 1 subsequently resiled from the promise of exchange and transferred his 20 kanals 2 marlas land (which had been given in exchange to Respondent No. 2) to Petitioner Nos. 2 to 6 by executing a deed.

(3.) LEARNED Counsel for the Petitioners contended that it is a case of division of property among the brothers and not a case of cheating. It was further contended that Respondent No. 2 had taken loan by creating charge on 13 kanals 16 marlas land out of the land given by him in exchange to Petitioner No. 1 and as per affidavit Annexure P/3 dated 10.5.2000 (affirmed by Respondent No. 2 on the date of exchange agreement itself), Respondent No. 2 was to clear the bank loan with interest before 10.9.2000, but Respondent No. 2 complainant himself did not clear the said loan and therefore, the exchange did not materialise.