R P S REKHY Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 of the Cr. P. C. has been filed for quashing the criminal complaint, Annexure P1 and all subsequent proceedings arising there from including the summoning order dated 17-10-1997, Annexure P2.

(2.) THE aforesaid complaint was filed by col. (Retd.) Prithipal Singh Malik, who is now said to have died and the same is presently being prosecuted by his legal heirs.

(3.) IN the complaint, it was alleged that plot No. 1381, Sector 33-C, Chandigarh was purchased by the complainant from chandigarh Administration and at that time, he was residing at Delhi. Amritpal Singh (impleaded as accused No. 1 in the complaint)approached him at Delhi as he was interested to purchase the said plot. Accordingly, an agreement to sell was arrived at on 23-5-1988. The total sale consideration of the plot was agreed upon to the tune of Rs. 6,00,000/-, out of which, a sum of Rs. 4,00,000/- was paid by said Amritpal Singh to the complainant at Delhi. The remaining amount of rs. 2,00,000/- was to be paid by Amritpal Singh and to safeguard this amount, condition No. 3 was specifically incorporated in the agreement itself. On the same day, power of attorney, affidavits etc. were got signed from the complainant at Delhi. These documents were, however, undated. The said power of attorney was in favour of Mrs. Chamanjit wife of Amritpal Singh and Rajinder Pal singh son of Trilochan Singh (impleaded as accused Nos. 2 and 3 in the complaint ).