RAJ KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for setting-aside the order dated 07.10.2013 passed by the Sub-Divisional Judicial Magistrate, Gidderbaha, vide which respondent No.2/accused No.2 was discharged in criminal complaint No.62-1 dated 06.08.2009 filed by the petitioner under Sections 167, 420, 465, 466, 467, 468, 471 and 120-B IPC as well as the order dated 01.10.2014 (Annexure P3) passed by the Sessions Judge, Sri Muktsar Sahib, dismissing the appeal filed by the petitioner.

(2.) Brief facts of the case are that the complainant Raj Kumar filed a criminal complaint against the respondents under Sections 167, 420, 465, 466, 467, 468, 471 and 120-B IPC with the allegation that accused Mander Singh, who was previously known to the complainant, approached the complainant and represented him that he is a co-sharer in Khewat No.218 min of 265 kanals 16 marlas land situated within the revenue limits of village Rukhala, Tehsil Gidderbaha, District Muktsar. The accused had shown one jamabandi dated 24.12007 in respect of the above said Khewat number, wherein the accused Mander Singh along with his mother and sister were recorded as co-sharers and they offered to sell land measuring 18 marlas i.e. 360/5316 share to the complainant, out of the above said land. The complainant accepted the said offer and in this regard, an agreement of sale was executed by accused No.1 Mander Singh on 31.12007 in favour of the complainant for a consideration of Rs. 1,25,000/- per acre and after receiving Rs. 2,70,000/- as earnest money from the complainant, the accused Mander Singh agreed to get the sale deed registered before 15.01.2008. It is further stated that jamabandi, on the basis of which the accused Mander Singh had executed the agreement of sale dated 31.12007, was issued by accused Keshwa Nand, Patwari. The complainant kept on waiting in the office of Sub-Registrar, on the due date of registration of the sale deed but, the accused Mander Singh did not turn up. The complainant then approached the accused Keshwa Nand for obtaining a fresh copy of jamabandi to file a civil suit against Mander Singh, but Keshwa Nand kept on prolonging and when the complainant pressurized Keshwa Nand, only then he issued the jamabandi. When the complainant tallied the fresh jamabandi with the previous one, he was shocked to see that the Khewat No.218 is not having 265 kanals 16 marlas of land but of 65 kanals 16 marlas. In this way, the accused Mander Singh has cheated the complainant with the help of accused Keshwa Nand.

(3.) Thereafter, the petitioner/complainant in his preliminary evidence examined himself as CW1 and CW2 Sanjeev Sharma, an Handwriting Expert.