RAMESH Vs. JAGBIR

JUDGEMENT

(1.) Prayer in this petition is for setting-aside the order dtd. 10/12/2015 (Annexure P2) passed by the trial Court vide which the complaint filed by the petitioner under Sec. 420, 467, 468, 471, 166, 167 read with Sec. 120-B of the Indian Penal Code (in short 'IPC') was dismissed as well as the order dtd. 29/4/2016 (Annexure P1) passed by the Additional Sessions Judge, Rohtak, vide which the revision filed by the petitioner was dismissed.

(2.) The trial Court, thereafter, recorded the preliminary evidence of the complainant, vide order dtd. 10/12/2015, dismissed the complaint by passing the following order:-

(3.) Counsel for the petitioner has argued that the petitioner came to know about the illegal act of the accused persons in the year 2006, when they tried to obtain the compensation of the acquired land on the basis of the sale deed, which they got executed by inducing Smt. Kitabo and Ram Piari despite the fact that they were given a limited right in the Will executed by Randhir Singh thereby, granting them life interest with a rider that the property will revert back to the complainant after their death. It is further submitted that the petitioner could not come to know about the fraud committed by the accused persons during the lifetime of Smt. Kitabo and Ram Piari and, therefore, he could not file the complaint on an earlier occasion. Counsel for the petitioner has further argued that though the petitioner has filed a civil suit challenging the alienation by the two ladies in favour of Jagbir and Jagroop Singh, however, he has admitted that the said civil suit was dismissed by the Civil Court and the first appeal was also dismissed by the Additional District Judge, however, a Regular Second Appeal is pending before this Court.