NARESH BEHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner-Naresh Behal has filed the present petition under section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 186 dated 7.4.2011, under Sections 406, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Sector 7, District Faridabad (Annexure P1).

(2.) Brief facts of the case are that the respondent No.2- complainant-Sunil Gupta filed a criminal complaint before the trial Court which was sent to the Police for investigation. As per the complaint, the complainant was working as a property dealer and one Suresh Rathi contacted the complainant for purchase of an industrial plot. The complainant had talked with the petitioner-accused No.3, who is also a property dealer, for the purchase of a plot. The petitioner took the complainant to the house of Pushpinder Verma, accused No.1, who told that Ranjan Kashyap is the real owner of the plot, and he has given him the right to deal with the aforementioned plot. The conveyance deed was in the name of M/s R.R. Enterprises and accused No.1-Pushpinder Verma told that accused No.2-Ranjan Kashyap is the proprietor of the said firm. It was further informed that the original registry is with the Punjab National Bank and,therefore, the deal was effected for a total amount of Rs. 3.85 crore on 12.2.2010 and on that day, an amount of Rs. 1,00,000/- was paid by the complainant to accused No.1 as token money. Therefore, accused No.1- Pushpinder Verma took Rs. 9,00,000/- from the complainant on 2.3.2010 against a receipt in which there are signatures of Dharampal as a witness. On the asking of the complainant and abovesaid Suresh Rathi, accused No.1 demanded Rs. 15,00,000/- which were paid on 5.3.2010 to accused No.1 Pushpinder Verma in the presence of accused No.3-Naresh Behal i.e. the petitioner. Accused No.2-Ranjan Kashyap issued a receipt dated 5.3.2010 and the petitioner signed the said receipt as a witness. In the receipt, the reference of the plot and the total amount was given. It is further set up in the FIR that the complainant, thereafter, asked accused No.1 for a meeting with the original owner and the aforesaid Pushpinder Verma asked them to reach in the Office of the Madhu Ladha C.A. On reaching there, Pushpinder Verma got introduced complainant and Suresh Rathi with Ranjan Kashyap, who was stated to be the real owner of the property. Thereafter, the amount of Rs. 50,00,000/- (i.e. Rs. 35,00,000/- by cash and Rs. 15,00,000/- by way of two cheques) was paid to Ranjan Kashyap as a witness. The deal was set up for Rs. 3 crore 85 lakhs. However, Pushpinder Verma later on demanded Rs. 4.05 crore. Another amount of Rs. 35,00,000/- was paid to Pushpinder Verma against a receipt dated 25.3.2010 under the signatures of Ranjan Kashyap and the complainant signed as witnesses. Rs. 10,00,000/- were paid on 19.4.2010 in cash to Pushpinder Verma and a receipt witnessed by Dharampal was issued. Lateron, the accused persons, in order to grab the amount taken from Suresh Rathi and complainant, have committed the offence of cheating as the plot was mortgaged with Punjab National Bank. The Police, thereafter, registered the FIR.

(3.) This petition was filed in the year 2015 and later on, respondent No.2- Sunil Gupta, was impleaded as a party vide order dated 1.10.2015. Respondent No.2 appeared in person on 2.5.2016 and submitted that he wanted to argue the matter himself. Thereafter, respondent No. 2 as well as the State of Haryana have filed their respective replies. Today, respondent No.2 is again present in person and has submitted that he wants to make the submission in person.