RAKESH MALHOTRA Vs. DEVKI NANDAN

JUDGEMENT

(1.) Challenge in the present petition is to the order dtd. 27/4/2009 passed by the learned Additional Sessions Judge, Fast Track Court, Gurgaon, whereby while setting aside the summoning order dtd. 3/6/2005 passed by the learned Judicial Magistrate, Ist Class, Gurgaon, the criminal complaint filed by the petitioner, was dismissed.

(2.) A criminal complaint under Ss. 406/420/120-B IPC was filed by petitioner-complainant, Rakesh Malhotra, alleging therein that the respondent being the original allottee of residential plot No. 336 (which was later on changed to 548) measuring 502.13 square yards vide allotment letter dtd. 20/9/1986, entered an agreement to sell dtd. 20/4/1987 with the petitioner-complainant for a total sale consideration amounting to Rs.98,839.00 (already paid by respondent-Devki Nandan to M/s Ansal Builder). Balance sale consideration was to be paid by the petitioner-complainant directly to M/s Ansal Builder. Various documents, including the General Power of Attorney, were executed with a further undertaking from the respondent that he would get the property registered in the name of the petitioner-complainant, when he completes the construction thereon. On the entire payment having been made to M/s Ansal Builders by the petitioner, respondent-Devki Nandan was called upon to execute the sale deed and, accordingly, the sale deed was executed in favour of the respondent. Respondent-Devki Nandan, assured the petitioner that he would get the sale deed executed in favour of the petitioner or his nominee on the basis of the General Power of Attorney, already executed. Later on, the petitioner came to know that respondent-Devki Nandan, had sold the said property in favour of Kamaljit Singh and Bikramjit Singh. Hence, pleading a fraud, criminal prosecution was sought to be launched against respondent-Devki Nandan and aforesaid Kamaljit Singh and Bikramjit Singh.

(3.) On the basis of pre-summoning evidence, the learned Judicial Magistrate, Gurgaon, vide order dtd. 3/6/2005, summoned the respondent and aforesaid Kamaljit Singh and Bikramjit Singh, to stand the trial under Sec. 420 read with Sec. 120-B IPC. However, vide order dtd. 12/9/2006 passed in CRM-13948-M-2006 filed by aforesaid Kamaljit Singh and Bikramjit Singh, a Coordinate Bench of this Court, set aside the said summoning order and quashed the criminal complaint qua the petitioners therein i.e. Kamaljit Singh and Bikramjit Singh.