JEETA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against judgment dated 2.9.2009 of the Additional Sessions Judge, Karnal (hereinafter referred to as 'the appellate Court') vide which the appeal of the petitioner filed against judgment of conviction dated 4.10.2007 and order of sentence dated 5.10.2007 passed by the Judicial Magistrate Ist Class, Karnal (described hereinafter as 'the trial Court') was dismissed.

(2.) The petitioner was convicted and sentenced by the trial Court as under:-

(3.) The prosecution story, in brief, is that on 14.10.1999, a complaint was presented by complainant-Jasbira son of Giana, resident of Vikas Nagar, Karnal to the trial Court, which was referred to the Station House Officer,Police Station, City, Karnal, for registration of an F.I.R. and its consequent investigation as per law. According to the case of the complainant, the petitioner projected to him that he is owner in possession of some land and volunteered to sell the same to him. He entered into an agreement to sell dated 6.4.1999 and received an earnest money of Rs.15000/- in lieu thereof. This agreement was witnessed by the attesting witnesses. It was agreed inter se between the parties that the sale deed would be got registered as and when desired by the complainant, but when the complainant insisted on the execution of the sale deed, the petitioner resiled from his commitment. It was thereafter that the complainant made enquiry and came to know that one Surta son of Rai Singh was the actual owner of the land which had already been sold vide registered sale deed dated 18.1.1972. The complainant, thus, prayed that the petitioner should be proceded against for cheating and forging the document with intention to cheat him.