MOHINI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Complainant-Mohini Singh has challenged the order dtd. 26/2/2019 (Annexure P-5) passed by Additional Chief Judicial Magistrate, Panchkula whereby her application dtd. 30/1/2019 under Sec. 311 Cr.P.C (Annexure P-2) in case FIR No.81 dtd. 17/3/2015 registered under Ss. 420 and 120-B of Indian Penal Code at Police Station Sector-5, Panchkula stands dismissed.

(2.) Learned counsel for the petitioner has been heard and with his assistance I have gone through the case file.

(3.) As per the complainant, the FIR was lodged on the allegations that accused Nos.1 and 2 namely, Ashwani Kumar Syal and Rajan Khurana have defrauded the complainant and caused loss of more than Rs.60.00 lakhs. According to her, accused No.1 entered into an agreement to sell for purchase of Second Floor of House No.324-A, Sector-7, Panchkula on 1/2/2012, which was signed by accused No.2 as witness. A sum of Rs.25.00 lakh was paid as earnest money and the date for registration of the sale deed was fixed as 31/7/2012. On the said date, complainant allegedly at the inducement of the accused entered into an oral agreement for sale of first floor of the same house as well and paid another sum of Rs.30.00 lakhs as earnest money. It was further stated that FIR No.69 dtd. 15/2/2013 at Police Station Sector-5, Panchkula already stands registered against the above accused, on a complaint by similar victim. Upon her demand for returning of money, compromise was allegedly arrived at between the parties and in the said settlement accused had given two post dated cheques of Rs.15.00 lakhs each in favour of the complainant which had dishonoured due to 'insufficient funds'. It was further alleged that accused No.1 has already sold property in favour of Rajiv Singla. On these broad allegations, the FIR was lodged.